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KING v. GRINDSTAFF

No. 7321SC163.

195 S.E.2d 364 (1973)

17 N.C. App. 613

H. L. KING, Administrator of the Estate of Byron Sharpe, Deceased v. Ronald K. GRINDSTAFF, Sr., et al. (two cases).

Court of Appeals of North Carolina.

Certiorari Allowed June 1, 1973.

Attorney(s) appearing for the Case

Deal, Hutchins & Minor by Fred S. Hutchins, Sr., and William Kearns Davis, Winston-Salem, for plaintiffs appellees.

Womble, Carlyle, Sandridge & Rice by W. F. Womble, Winston-Salem, and Smith, Moore, Smith, Schell & Hunter by Richmond G. Bernhardt, Jr., Greensboro, for defendants appellants.

Certiorari Allowed by Supreme Court June 1, 1973.

MORRIS, Judge.

The sole question presented on this appeal is whether the court erred in allowing plaintiff's motion for summary judgment, based on their plea of res judicata, leaving only the issue of damages for trial.

"`The doctrine of res judicata as stated in many cases is that an existing final judgment rendered upon the merits, without fraud or collusion, by a court of competent...

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