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GILLIKIN v. OHIO FARMERS INDEMNITY COMPANY

No. 94.

118 S.E.2d 605 (1961)

254 N.C. 250

C. T. GILLIKIN, Administrator of Louie Elmer Gillikin, Deceased, and Next of Kin to Louie Elmer Gillikin, Deceased, v. OHIO FARMERS INDEMNITY COMPANY.

Supreme Court of North Carolina.

March 8, 1961.

Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for plaintiff-appellant.

Barden, Stith & McCotter, New Bern, for defendant-appellee.

RODMAN, Justice.

For the reason given in Gillikin v. Springle, N.C., 118 S.E.2d 611, plaintiff has not stated a cause of action entitling him to damages because of the asserted conspiracy to defeat plaintiff's right of action for damages for wrongful death by perjured testimony.

The mere fact that defendant insured the automobile operated by plaintiff's intestate and the truck owned by Springle did not create a fiduciary...

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