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CHARLESTON CAPITAL CORP. v. LOVE VALLEY ENTER., INC.

No. 7122SC129.

179 S.E.2d 190 (1971)

10 N.C. App. 519

CHARLESTON CAPITAL CORPORATION, a corporation v. LOVE VALLEY ENTERPRISES, INC., a corporation.

Court of Appeals of North Carolina.

February 24, 1971.

Attorney(s) appearing for the Case

Casey & Daly, by Hugh G. Casey, Jr., Charlotte, for plaintiff appellee.

Collier, Harris & Homesley, Statesville, by Walter H. Jones, Jr., Mooresville, for defendant appellant.

VAUGHN, Judge.

The first question to be decided on this appeal is whether Judge Martin had the power and authority to hear plaintiff appellee's motion for summary judgment while defendant's motion for change of venue was pending. A very similar factual situation is found in Roberts & Hoge v. Moore, 185 N.C. 254, 116 S.E. 728. In that case, plaintiff was a foreign corporation and defendants were citizens of Sampson County...

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