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MERCHANTS DISTRIBUTORS, INC. v. HUTCHINSON

No. 7225SC571.

193 S.E.2d 436 (1972)

16 N.C. App. 655

MERCHANTS DISTRIBUTORS, INC. v. John N. HUTCHINSON, Individually, and John N. Hutchinson, Administrator of the Estate of Mark S. Hutchinson, Deceased. Ronnie Wayne LEWIS v. John N. HUTCHINSON, Individually, and John N. Hutchinson, Administrator of the Estate of Mark S. Hutchinson, Deceased.

Court of Appeals of North Carolina.

December 20, 1972.

Attorney(s) appearing for the Case

Smathers, Ferrell & Farthing by Edwin G. Farthing and James C. Smathers, Hickory, for plaintiff appellants-appellees.

Frank & Lassiter by Jay F. Frank, Statesville, for defendant appellant.

Perry C. Henson and Daniel W. Donahue, Greensboro, for defendant appellee.

MALLARD, Chief Judge.

APPEAL OF DEFENDANT ADMINISTRATOR

Defendant John N. Hutchinson, administrator of the estate of Mark S. Hutchinson in Tennessee, assigns as error the dismissal of his counterclaim at the hearing on plaintiffs' motion to dismiss, pursuant to G.S. § 1A-1, Rule 12(b)(6).

In North Carolina, an administrator appointed by the court of another state may not maintain an action for wrongful death occurring in North Carolina. Monfils...

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