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CAROLINA FREIGHT CAR. CORP. v. LOCAL UNION # 61, ETC.

No. 7127SC33.

180 S.E.2d 461 (1971)

11 N.C. App. 159

CAROLINA FREIGHT CARRIERS CORPORATION v. LOCAL UNION #61 OF the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA.

Court of Appeals of North Carolina.

Certiorari Denied June 10, 1971.

Attorney(s) appearing for the Case

Palmer E. Huffstetler, Cherryville, for plaintiff appellee.

Bruce A. Elmore, Asheville, for defendant appellants.

Certiorari Denied by Supreme Court June 10, 1971.

BRITT, Judge.

In their first assignment of error, appellants contend that Judge Falls committed error in signing all orders in this case when no complaint had been filed by plaintiff and no summons issued in the superior court; appellants contend that the superior court never acquired jurisdiction. The assignment of error is well taken.

We hold that the filing of a complaint or the issuance of summons...

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