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McADAMS v. BLUE

Nos. 6828SC417, 6828SC416.

164 S.E.2d 490 (1968)

3 N.C. App. 169

Charles McADAMS v. Barbara Goode BLUE, Administratrix of the Estate of Richard Blue, Jr.; Blondell Robinson, Administratrix of the Estate of Richard Carl Robinson; Lonnie Redfern, Henry L. Anderson and Purvis Tobe. Jimmy McADAMS, by his next friend, Charles McAdams v. Barbara Goode BLUE, Administratrix of the Estate of Richard Blue, Jr.; Blondell Robinson, Administratrix of the Estate of Richard Carl Robinson; Lonnie Redfern, Henry L. Anderson and Purvis Tobe.

Court of Appeals of North Carolina.

December 11, 1968.

Attorney(s) appearing for the Case

Williams, Williams & Morris, by James N. Golding, Asheville, for plaintiff appellants.

Uzzell & DuMont, by Harry DuMont, Asheville, for defendant appellees Blue and Redfern.

No counsel for defendant appellees Anderson and Tobe.

BRITT, Judge.

Rule 4 of the Rules of Practice in the Court of Appeals of North Carolina contains the following proviso:

"The Court of Appeals will not entertain an appeal: * * * * * * (b) From an order striking or denying a motion to strike allegations contained in pleadings. When a party conceives that such order will be prejudicial to him on the final hearing of said cause, he may petition...

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