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AIRPORT KNITTING, INC. v. KING KOTTON YARN CO.

No. 7125SC190.

180 S.E.2d 611 (1971)

11 N.C. App. 162

AIRPORT KNITTING, INC. v. KING KOTTON YARN CO., Inc.

Court of Appeals of North Carolina.

April 28, 1971.

Attorney(s) appearing for the Case

Kenneth D. Thomas, Hickory, for plaintiff-appellee.

Keener & Cagle, by Joe N. Cagle, Hickory, for defendant-appellant.

MORRIS, Judge.

In ruling on a motion to dismiss under Rule 41(b), applicable only "in an action tried by the court without a jury", the court must pass upon whether the evidence is sufficient as a matter of law to permit a recovery; and, if so, must pass upon the weight and credibility of the evidence upon which the plaintiff must rely in order to recover. Bryant v. Kelly, 10 N.C. App. 208...

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