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SELLERS v. FRIEDRICH REFRIGERATORS, INC.

No. 724SC163.

190 S.E.2d 680 (1972)

Dulan P. SELLERS and Grace W. Sellers v. FRIEDRICH REFRIGERATORS, INC., et al.

Court of Appeals of North Carolina.

August 23, 1972.

Attorney(s) appearing for the Case

Crossley & Johnson by Robert White Johnson, Wilmington, for plaintiff appellants.

Marshall, Williams, Gorham & Brawley by Lonnie B. Williams, Wilmington, for defendant appellee Friedrich Refrigerators, Inc.

Charles E. Nichols, Greensboro, Wells, Blossom & Burrows by William C. Blossom, Wallace, for defendant-appellee Commercial Equipment Co.

VAUGHN, Judge.

The determination of this controversy requires consideration of G.S. § 1-50(5) which was enacted in 1963 and is as follows:

"(5) No action to recover damages for any injury to property, real or personal, or for an injury to the person, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution...

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