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FIRST-CITIZENS BANK & TRUST COMPANY v. BERRY

No. 6812SC359.

163 S.E.2d 505 (1968)

2 N.C. App. 547

FIRST-CITIZENS BANK & TRUST COMPANY v. H. Dolph BERRY, Receiver of Fayetteville Tractor and Equipment Company, Inc., H. Dolph Berry, Receiver of Four County Tractors, Inc., John A. McLamb and L. D. Minges.

Court of Appeals of North Carolina.

October 16, 1968.

Attorney(s) appearing for the Case

Jordan, Morris & Hoke, by William R. Hoke, Raleigh, for plaintiff appellant.

J. Duane Gilliam, Fayetteville, for defendant H. Dolph Berry, Receiver of Fayetteville Tractor and Equipment Co., Inc., appellee.

MALLARD, Chief Judge.

At the outset it should be stated that on this appeal we are concerned only with the cause of action alleged in the complaint by plaintiff against the defendant Fayetteville Tractor. We are not concerned with the cause of action alleged by plaintiff against H. Dolph Berry, Receiver of Four County Tractors, Inc., John A. McLamb, or L. D. Minges.

Plaintiff asserts in its brief that the question presented on this appeal is: "Did the trial...

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