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CATER v. ZURICH INSURANCE COMPANY

No. 7226SC244.

188 S.E.2d 27 (1972)

14 N.C.App. 282

H. J. CATER and H. J. Cater Painting Contractor, Inc. v. ZURICH INSURANCE COMPANY.

Court of Appeals of North Carolina.

April 26, 1972.

Attorney(s) appearing for the Case

Charles B. Merryman, Jr., Charlotte, for plaintiff appellants.

Craighill, Rendleman & Clarkson by J. B. Craighill, Charlotte, for defendant appellant.

MALLARD, Chief Judge.

The judgment appealed from is dated and filed 21 October 1971. The record on appeal was docketed in this court on 25 January 1972. This docketing of the appeal was not within the ninety days from the date of the judgment as required by Rule 5 of the Rules of Practice in the Court of Appeals. No extension of time for docketing as permitted by Rule 5 appears in this record. For failure to docket in time, the appeal is subject to being dismissed...

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