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PEASELEY v. VIRGINIA IRON, COAL AND COKE COMPANY

No. 7226SC563.

190 S.E.2d 690 (1972)

Mrs. Robert H. PEASELEY, Executrix of the Will of Robert H. Peaseley, Deceased v. VIRGINIA IRON, COAL AND COKE COMPANY, a Corporation.

Court of Appeals of North Carolina.

August 23, 1972.

Attorney(s) appearing for the Case

Blakeney, Alexander & Machen by Whiteford S. Blakeney, Charlotte, for plaintiff appellee.

Helms, Mulliss & Johnston by E. Osborne Ayscue, Jr., Charlotte, for defendant appellant.

HEDRICK, Judge.

In its brief defendant asserts:

"The prior decisions of the Court of Appeals having been interlocutory and the defendant having preserved its position by petitioning for Writ of Certiorari, all issues in the cause are before the Court on appeal from a final judgment."

We do not agree. The decision on a former appeal is the law of the case upon the facts then presented both upon the subsequent hearing and upon subsequent appeal. 1...

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