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TIGHTS, INC. v. INDIAN HEAD HOSIERY COMPANY

No. 7018SC76.

172 S.E.2d 97 (1970)

7 N.C. App. 369

TIGHTS, INC. v. INDIAN HEAD HOSIERY COMPANY, a Division of Joseph Bancroft & Sons Co.

Court of Appeals of North Carolina.

February 25, 1970.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter, by Jack W. Floyd and Harold N. Bynum, Greensboro, for plaintiff-appellant.

McLendon, Brim, Brooks, Pierce & Daniels, by C. Allen Foster, Greensboro, and Darby & Darby, by William F. Dudine, Jr., and H. William Van Wagenen, Jr., New York City, for defendant-appellee.

HEDRICK, Judge.

The only question before this Court for determination is whether the order entered by Collier, J., sustaining the defendant's demurrer and dismissing the plaintiff's action is proper in light of the effect of the order entered by Lupton, J., earlier in the action. In order to answer this question it is essential that we first determine the effect of the order entered by Judge Lupton on 1 May 1969. Judge Lupton, while sustaining the demurrer of the...

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