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YOUNG v. MARSHBURN

No. 7111SC114.

180 S.E.2d 43 (1971)

10 N.C. App. 729

L. A. YOUNG, Executor of the Estate of Thelma Y. Benson, Deceased and Myra Lee Benson Gilbert v. R. M. MARSHBURN and Seaboard Coast Line Railroad Company.

Court of Appeals of North Carolina.

Certiorari Denied June 10, 1971.

Attorney(s) appearing for the Case

Bryan, Jones, Johnson, Hunter & Greene, Dunn, by K. Edward Greene Dunn, and Jos. H. Levinson, Levinson & Shaw, Benson, for plaintiff appellants.

Maupin, Taylor & Ellis, by William W. Taylor, Jr., Raleigh, for defendant appellees.

Certiorari Denied by Supreme Court June 10, 1971.

HEDRICK, Judge.

Before this case was argued, the appellant filed in this Court a motion that L. A. Young, executor of the estate of Thelma Y. Benson, "be joined as a defendant in this action." This motion is denied for that L. A. Young, executor, is not a proper party to be joined as a defendant in an action which he alone by statute is authorized to commence. G.S. § 28-173.

The appellant's single...

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