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MUSGRAVE v. MUTUAL SAVINGS & LOAN ASS'N

No. 7022SC272.

174 S.E.2d 820 (1970)

Lucille F. MUSGRAVE and Gale M. Lanning, Administratrix of Clyde Wilson Musgrave v. MUTUAL SAVINGS AND LOAN ASSOCIATION.

Court of Appeals of North Carolina.

June 24, 1970.

Attorney(s) appearing for the Case

Walser, Brinkley, Walser & McGirt by Walter Brinkley, Lexington, for plaintiff appellants.

J. Lee Wilson and Ned A. Beeker, Lexington, for defendant appellee.

GRAHAM, Judge.

Plaintiffs' only assignment of error is to the entry of judgment for defendant notwithstanding the jury verdict for plaintiffs. The judgment was entered 12 January 1970 and undoubtedly represents one of the early instances where the provisions of Rule 50 of the Rules of Civil Procedure (G.S. § 1A-1, effective 1 January 1970) were applied. The provisions of Rule 50 pertinent to the appeal are as follows:

(b) Motion for judgment notwithstanding...

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