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SCOTT POULTRY COMPANY v. GRAVES

No. 358.

157 S.E.2d 608 (1967)

272 N.C. 22

SCOTT POULTRY COMPANY, a corporation, v. E. W. GRAVES, Sr. and wife, Jeanette Graves, Graves Feed Mill & Hatchery, Inc., a corporation (Formerly Graves Poultry Farms, Inc.), First Union National Bank of North Carolina, and Graeme M. Keith, Trustee.

Supreme Court of North Carolina.

November 22, 1967.

Attorney(s) appearing for the Case

Turner & Harrison, Kinston, for plaintiff.

Dees, Dees, Smith & Powell, Goldsboro, for defendants.

PER CURIAM.

By authority of Scott Poultry Company v. Bryan Oil Company, decided this day, and the cases therein cited, we hold that under the facts of the instant case the court was without authority to enter judgment on the pleas in bar. The judgment entered by the court below is vacated and this cause is remanded for disposition in accord with the opinion in Scott Poultry Company v. Bryar Oil Company.

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