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SHAMBLEY v. JOBE-BLACKLEY PLUMBING AND HEATING CO.

No. 775.

142 S.E.2d 18 (1965)

264 N.C. 456

E. J. SHAMBLEY and wife, Neva C. Shambley v. JOBE-BLACKLEY PLUMBING AND HEATING COMPANY, Tomlinson Company, Inc., and Republic-Transcon Industries, Inc.

Supreme Court of North Carolina.

May 19, 1965.

Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, by Victor S. Bryant, Jr., Durham, for plaintiff appellants and United States Fidelity & Guaranty Co.

Spears, Spears & Barnes, by Marshall T. Spears, Durham, for defendant Jobe-Blackley Plumbing & Heating Co., appellee.

Newsom, Graham, Strayhorn & Hedrick, by Josiah S. Murray, III, Durham, for defendant Tomlinson Co., Inc., appellee.

Teague, Johnson & Patterson, by Robert M. Clay, Raleigh, for defendant Republic-Transcon Industries, Inc., appellee.

HIGGINS, Justice.

The plaintiffs' assignments of error present these questions: (1) Did the court commit error by dismissing the plaintiffs' action? (2) Did the court commit error by refusing to permit United States Fidelity and Guaranty Company to make itself an additional party plaintiff, adopt the plaintiffs' complaint, and proceed with the trial?

The plaintiffs' counsel concede their insurer, the United States Fidelity and Guaranty Company, has paid in...

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