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ABNEY MILLS v. TRI-STATE MOTOR TRANSIT COMPANY

No. 281.

143 S.E.2d 235 (1965)

265 N.C. 61

ABNEY MILLS, a Corporation, v. TRI-STATE MOTOR TRANSIT COMPANY, a Corporation, and North Carolina National Bank, a Corporation.

Supreme Court of North Carolina.

July 23, 1965.

Attorney(s) appearing for the Case

Ervin, Horack, Snepp & McCartha, by Frank W. Snepp, Jr., Charlotte, for plaintiff appellant.

Blakeney, Alexander & Machen, by Ernest W. Machen, Jr., Charlotte, for defendant appellee, Tri-State Motor Transit Co.; Linde, Thomson, Van Dyke, Fairchild & Langworthy, Kansas City, Mo., of counsel.

PARKER, Justice.

Plaintiff requested Judge Walker in writing to make certain findings of fact and conclusions of law. It assigns as error the judge's refusal to make the fifth finding of fact requested by it, which reads:

"5. On or about September 28, 1960, the defendant, Tri-State Motor Transit Company, through its duly authorized agent, to-wit: its President, assumed complete management and control of Kilgo Motor Freight, Inc., and through its said agent...

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