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GILLISPIE v. THOMASVILLE COCA-COLA BOTTLING CO.

No. 7322SC144.

195 S.E.2d 45 (1973)

17 N.C. App. 545

Franklin GILLISPIE, by his Guardian ad litem, Florence Troxler v. THOMASVILLE COCA-COLA BOTTLING COMPANY.

Court of Appeals of North Carolina.

Certiorari Denied April 30, 1973.

Attorney(s) appearing for the Case

Charles F. Lambeth, Jr., Thomasville, for plaintiff appellant.

Hudson, Petree, Stockton, Stockton & Robinson, by R. M. Stockton, Jr., J. Robert Elster, and James H. Kelly, Jr., Winston-Salem, for defendant appellee.

Certiorari Denied by Supreme Court April 30, 1973.

HEDRICK, Judge.

Plaintiff contends that "the prior action against A & P should not work as a collateral estoppel to the present action.. . ." because of an alleged lack of identity of parties, identity of issues and mutuality of estoppel.

In Light Co. v. Insurance Co., 238 N.C. 679, 691, 79 S.E.2d 167, 175 (1953) it is stated:...

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