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TOLSON v. HODGE

Nos. 12824, 12825.

411 F.2d 123 (1969)

Troy L. TOLSON, Appellant, v. Melba Joyce HODGE, Administratrix of the Estate of Arthur Eugene Hodge, Appellee. Troy L. TOLSON, Appellee, v. Melba Joyce HODGE, Administratrix of the Estate of Arthur Eugene Hodge, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 8, 1969.

Attorney(s) appearing for the Case

David M. Watkins, High Point, N. C. (Morgan, Byerly, Post & Keziah, High Point, N. C., on brief), for Troy L. Tolson.

Charles H. McGirt, Lexington, N. C. (Walser, Brinkley, Walser & McGirt, Lexington, N. C., on brief), for Melba Joyce Hodge.

Before SOBELOFF, BOREMAN and WINTER, Circuit Judges.

WINTER, Circuit Judge:

These appeals present a variety of issues requiring an accommodation between the provisions of the Federal Rules of Civil Procedure and the state law of North Carolina which, by virtue of several of the rules, is made applicable to proceedings in the federal courts. A subsidiary question is the correctness of the entry of a judgment by default against plaintiff on defendant's asserted counterclaim and dismissal of the complaint.

The...

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