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U.S. PIPING, INC. v. TRAVELERS INDEMNITY COMPANY

No. 7010DC497.

176 S.E.2d 835 (1970)

U. S. PIPING, INC. v. The TRAVELERS INDEMNITY COMPANY.

Court of Appeals of North Carolina.

October 21, 1970.

Attorney(s) appearing for the Case

Bailey, Dixon, Wooten & McDonald, by Wright T. Dixon, Jr., and John N. Fountain, Raleigh, for plaintiff appellee.

Willis Smith, Jr., Smith, Leach, Anderson & Dorsett, Raleigh, for defendant appellant.

CAMPBELL, Judge.

This appeal presents two questions: (1) Was there error in awarding attorney's fees? (2) Was there error in awarding judgment in favor of the plaintiff for $712.00?

Ordinarily, attorney's fees are not recoverable as an item of damages or part of the costs in litigation. Perkins v. American Mutual Fire Ins. Co., 4 N.C. App. 466, 167 S.E.2d 93 (1969). The Legislature has...

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