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FAGGART v. BIGGERS

No. 7319SC465.

197 S.E.2d 75 (1973)

18 N.C. App. 366

Floyd B. FAGGART, by his Guardian Ad Litem Johnson B. Faggart, Plaintiff, v. John Thomas BIGGERS and Harry Shoaf, Defendants, and John Thomas Biggers, Jr., Third-Party-Defendant.

Court of Appeals of North Carolina.

Certiorari Denied August 31, 1973.

Attorney(s) appearing for the Case

Hartsell, Hartsell & Mills, by W. Erwin Spainhour, Concord, for defendant appellant John Thomas Biggers and third party defendant appellant John Thomas Biggers, Jr.

Kluttz & Hamlin, by Lewis P. Hamlin, Jr. and Richard R. Reamer, Salisbury, for defendant appellee Harry Shoaf.

Certiorari Denied by Supreme Court August 31, 1973.

PARKER, Judge.

G.S. § 1A-1, Rules 13(f), provides that:

"(f) Omitted counterclaim.—When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment."

In their motion to amend and in their brief before this Court, appellants contend that justice requires...

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