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FIRST U. NAT. BANK v. BURKE FARMERS COOP. DAIRY, INC.

No. 7329SC666.

201 S.E.2d 76 (1973)

20 N.C. App. 101

FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Executor of the Estate of Lewis Penn Hunter, Deceased v. BURKE FARMERS COOPERATIVE DAIRY, INC., et al.

Court of Appeals of North Carolina.

Certiorari Denied March 5, 1974.

Attorney(s) appearing for the Case

Everette C. Carnes, Marion, and Roy W. Davis, Jr., Asheville, for plaintiff-appellant.

Dameron & Burgin, and E. P. Dameron, Marion, and Patton, Starnes & Thompson by Thomas M. Starnes, Morganton, for defendants-appellees.

Certiorari Denied by Supreme Court March 5, 1974.

BRITT, Judge.

Plaintiff assigns as error the court's allowance of defendants' motion for a directed verdict in accordance with Rule 50 of the North Carolina Rules of Civil Procedure at the close of plaintiff's evidence. The question of law presented by defendants' motion is whether plaintiff's evidence was sufficient for submission to the jury. Kelly v. Harvester Co., 278 N.C. 153

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