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UNIVERSITY MOTORS, INC. v. DURHAM COCA-COLA BOT. CO.

No. 767.

146 S.E.2d 102 (1966)

266 N.C. 251

UNIVERSITY MOTORS, INC. v. DURHAM COCA-COLA BOTTLING COMPANY and Roy Gordon Moss.

Supreme Court of North Carolina.

January 14, 1966.

Attorney(s) appearing for the Case

Newsom, Graham, Strayhorn & Hedrick and Josiah S. Murray, III, Durham, for plaintiff appellant.

Dupree, Weaver, Horton, Cockman & Alvis, Raleigh, and Brooks & Brooks, Durham, for defendant appellees.

BOBBITT, Justice.

Plaintiff's appeal presents these questions: (1) Did the court err in denying plaintiff's motion to nonsuit corporate defendant's counterclaim? (2) Did the court err in denying plaintiff's motion to strike defendants' first further answer and defense? (3) Did the court err in denying plaintiff's motion to strike the testimony quoted in our preliminary statement relating to payments made to plaintiff by its collision insurance carrier?

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