BEACHBOARD v. SOUTHERN RAILWAY COMPANY

No. 7228SC56.

193 S.E.2d 577 (1972)

16 N.C. App. 671

Forest BEACHBOARD, Plaintiff, v. SOUTHERN RAILWAY COMPANY, Defendant and Third-Party Plaintiff-Appellee, U. S. Plywood-Champion Papers, Inc., Third-Party Defendant-Appellant.

Court of Appeals of North Carolina.

Certiorari Denied March 6, 1973.


Attorney(s) appearing for the Case

W. T. Joyner, Raleigh, and Bennett, Kelly & Long, by Harold K. Bennett, Asheville, for Southern Ry. Co., third-party plaintiff-appellee.

Uzzell & DuMont, by Harry DuMont, Asheville, for U. S. Plywood-Champion Papers, Inc., third-party defendant-appellant.


Certiorari Denied by Supreme Court March 6, 1973.

PARKER, Judge.

Appellant assigns error to the denial of its motions to dismiss Southern's third-party complaint for failure to state a claim upon which relief can be granted, for judgment on the pleadings, for summary judgment, and for directed verdict, all of which were predicated, at least in part, on appellant's contention that the contract of 8 November 1905 was not binding upon it and, if considered so...

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