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BYRD v. PAWLICK

No. 10146.

362 F.2d 390 (1966)

Hubert D. BYRD, Administrator of John Franklin Sutton, Deceased, Appellant, v. William John PAWLICK, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 6, 1966.

Attorney(s) appearing for the Case

Robert B. Morgan, Lillington, N. C. (Morgan & Williams, Lillington, N. C., on brief), for appellant.

Franklin T. Dupree, Jr., Raleigh, N. C. (Dupree, Weaver, Horton, Cockman & Alvis, Raleigh, N. C., on brief), for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

BOREMAN, Circuit Judge:

On this appeal questions are presented as to the validity of service of process under the North Carolina nonresident motorist statute, N.C.Gen.Stat. § 1-105 (Supp.1965), and as to the refusal of the District Court to order amendment of process.

On February 5, 1963, and barely within the period fixed by the controlling statute of limitations, the administrator of John Franklin Sutton's estate brought suit against William John Pawlick...

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