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GAMBLE v. STUTTS

No. 522.

136 S.E.2d 688 (1964)

262 N.C. 276

Louis GAMBLE v. Lucian Kelly STUTTS.

Supreme Court of North Carolina.

June 12, 1964.

Attorney(s) appearing for the Case

Nance, Barrington, Collier & Singleton, Fayetteville, for plaintiff appellant.

Albert A. Corbett, Smithfield, for defendant appellee.

RODMAN, Justice.

As an affirmative defense to Gamble's action, defendant alleges these facts: Stutts, in July 1958, instituted an action in the Superior Court of Johnston County to recover from Gamble $10,500 for personal injuries and property damage sustained by him because of Gamble's negligence which caused the collision of May 30, 1958. That action was, on Gamble's motion, based on diversity of citizenship, moved to the U. S. District Court for trial. Gamble denied...

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