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BLACKMON v. VALLEY DECORATING COMPANY

No. 7126SC189.

180 S.E.2d 396 (1971)

11 N.C. App. 137

James T. BLACKMON, Sr., Plaintiff, v. VALLEY DECORATING COMPANY, Inc. et al., Defendants, v. VAUGHN'S INC., Third Party Defendant.

Court of Appeals of North Carolina.

April 28, 1971.

Attorney(s) appearing for the Case

Garland, Alala, Bradley & Gray, by Charles D. Gray, III, Gastonia, for defendant-appellant, Valley Decorating Co., Inc., et al.

James & Williams, by William K. Diehl, Jr., Charlotte, for Vaughn's Inc., additional party defendant appellee.

BRITT, Judge.

Did the trial judge commit error in granting Vaughn's motion for summary judgment and dismissing the counterclaim as to Vaughn's with prejudice? We answer in the negative.

Pertinent allegations of the counterclaim are as follows:

2. During November, 1969, in Belk's Stores in the City of Concord, North Carolina, the Plaintiff, acting as the authorized agent of Vaughn's, Inc., in the presence and hearing of one Harold Knowles, maliciously...

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