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INTERSTATE TEXTILE EQUIPMENT CO. v. SWIMMER

No. 251.

130 S.E.2d 6 (1963)

259 N.C. 69

INTERSTATE TEXTILE EQUIPMENT COMPANY, Plaintiff, v. Harry S. SWIMMER and Swimmer-Greenberg Insurance Agency, Inc., Original Defendants, and American Manufacturers Mutual Insurance Company, Additional Defendant.

Supreme Court of North Carolina.

March 20, 1963.

Attorney(s) appearing for the Case

Weinstein, Muilenburg, Waggoner & Bledsoe, Charlotte, for plaintiff appellee.

Helms, Mulliss, McMillan & Johnston, Charlotte, Powers, Kaplan & Berger, New York City, for additional defendant appellee.

Kennedy, Covington, Lobdell & Hickman, Charlotte, for original defendants appellants.

DENNY, Chief Justice.

The appellants assign as error the ruling of the court below in allowing the additional defendant's motion for judgment as of nonsuit on the appellants' cross action against the additional defendant American Manufacturers.

The appellants in their brief state that they do not contest the fact that, as between them and the plaintiff, they agreed to maintain the insurance on the plaintiff's West...

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