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MacPHERSON v. CITY OF ASHEVILLE

No. 28.

196 S.E.2d 200 (1973)

283 N.C. 299

Robert H. MacPHERSON et al. v. The CITY OF ASHEVILLE et al.

Supreme Court of North Carolina.

May 9, 1973.

Attorney(s) appearing for the Case

Roberts & Cogburn by Max O. Cogburn, Asheville, for plaintiff appellants.

Patla, Straus, Robinson & Moore, P. A. by Robert J. Robinson, Asheville, for The City of Asheville, defendant appellee.

Shuford, Frue & Sluder by Gary A. Sluder, Asheville, for The Kingston Corporation and The Ervin Co., defendant appellees.

HUSKINS, Justice:

Rule 25(d) of the Rules of Civil Procedure provides: "In case of any transfer of interest other than by death, the action shall be continued in the name of the original party; but, upon motion of any party, the court may allow the person to whom the transfer is made to be joined with the original party." (Emphasis added) The Ervin Company moved that it be made a party defendant pursuant to Rule 25(d). Since the movant was not a party to the...

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