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ROBERTS v. STEWART

No. 6828SC407.

164 S.E.2d 58 (1968)

3 N.C. App. 120

(Case No. 1) Walter Raymond ROBERTS, Plaintiff, v. Mabel D. STEWART, Executrix of the Estate of Homer Aaron Stewart, and East Tennessee and Western North Carolina Transportation Company, Inc., Original Defendants, and Billy Monroe Newton and Whitmyer Bros., Inc., Additional Defendants. (Case No. 2) Billy Monroe NEWTON, Plaintiff, v. Mabel D. STEWART, Executrix of the Estate of Homer Aaron Stewart, and East Tennessee and Western North Carolina Transportation Company, Inc., Original Defendants, and Walter Raymond Roberts and Whitmyer Bros., Inc., Additional Defendants.

Court of Appeals of North Carolina.

Certiorari Denied January 21, 1969.

Attorney(s) appearing for the Case

Uzzell & Dumont by Harry Dumont, Asheville, for plaintiff appellees.

Harold K. Bennett by Robert B. Long, Jr., McGuire, Baley & Wood by Philip Carson, Asheville, for original defendant appellants.

Landon Roberts, Asheville, for additional defendant appellee, Whitmyer Bros., Inc.

CAMPBELL, Judge.

The motion to dismiss the appeal must first be determined.

There is a difference between docketing the record on appeal in the Court of Appeals and serving a case on appeal on opposing parties. As pointed out by Brock, J., in Smith v. Starnes, 1 N.C. App. 192, 160 S.E.2d 547, the two should not be confused. The docketing of...

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