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BERRY BROTHERS CORP. v. ADAMS-MILLIS CORP.

No. 607.

125 S.E.2d 577 (1962)

257 N.C. 263

BERRY BROTHERS CORPORATION v. ADAMS-MILLIS CORPORATION.

Supreme Court of North Carolina.

May 23, 1962.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter and David M. Clark, Greensboro, for plaintiff-appellant.

Jordan, Wright, Henson & Nichols and William D. Caffrey, Greensboro, for defendant-appellee.

BOBBITT, Justice.

G.S. § 1-568.11, applicable when complaint and answer have been filed, provides that a party, without notice to other parties, may apply "to the clerk or judge" for an order for the examination of designated persons; and, if the affidavit supporting the application sets out the requisite facts, that "the judge or clerk" shall make such order. G.S. § 1-568.6 provides that "(t)he examination shall be held by a commissioner appointed by the...

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