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BRITT v. SMITH

No. 6919SC446.

169 S.E.2d 482 (1969)

6 N.C. App. 117

Alice Lucille Craven BRITT and husband, Ossie German Britt, and Ida Leola Beane Craven Bristow, Plaintiffs, v. Archie L. SMITH, Trustee for Peoples Savings and Loan Association, Peoples Savings and Loan Association, James I. Frazier and wife, Irene B. Frazier, C. T. Burgess and wife Elizabeth C. Burgess, and R. E. Sillmon and wife Mildred J. Sillmon, Defendants.

Court of Appeals of North Carolina.

Certiorari Denied November 18, 1969.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellants.

Smith & Casper by Charlie B. Casper, Asheboro, for defendant appellees Archie L. Smith, trustee, and Peoples Savings and Loan Assn.

H. Wade Yates, Asheboro, for defendant appellees James I. Frazier, Irene B. Frazier, C. T. Burgess, Elizabeth C. Burgess, R. E. Sillmon and Mildred J. Sillmon.

BRITT, Judge.

Plaintiffs' first assignment of error relates to the orders of the court allowing defendants' motion to strike certain allegations in the complaint. The portions of the complaint ordered stricken are summarized as follows:

1. (From paragraph 2 of the complaint.) Defendant Smith's law firm had been sole attorneys for defendant Association for twenty-two years and he is also the attorney for State Farm Mutual Automobile Insurance Company, "the...

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