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LINDSTROM v. CHESNUTT

No. 7214SC281.

189 S.E.2d 749 (1972)

Carl A. LINDSTROM and Virginia K. Lindstrom, Plaintiffs, v. William J. CHESNUTT et al., Defendants and Third Party Plaintiffs, COMFORTEMP AIR CONDITIONERS, INC., Third Party Defendant.

Court of Appeals of North Carolina.

Certiorari Denied September 14, 1972.

Attorney(s) appearing for the Case

Haywood, Denny & Miller, by George W. Miller, Jr., Durham, for plaintiff appellees.

Powe, Porter & Alphin, P. A., by Willis P. Whichard and James G. Billings, Durham, for appellants.

Brooks & Brooks, by Eugene C. Brooks, III, Durham, for third party defendant, Comfortemp Air Conditioners, Inc., appellee.

Certiorari Denied by Supreme Court September 14, 1972.

MORRIS, Judge.

By their sixth assignment of error, appellants challenge the correctness of the court's allowing third party defendant's motion for directed verdict at the close of all the evidence. The original defendants filed a third party complaint alleging that if the third party plaintiff should be found to be negligent in construction of the house, "the third party defendant was guilty of joint and...

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