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SZABO FOOD SERVICE, INC. OF N. C. v. BALENTINE'S INC.

No. 7310SC708.

199 S.E.2d 736 (1973)

19 N.C. App. 654

SZABO FOOD SERVICE, INC. OF NORTH CAROLINA v. BALENTINE'S INC., Defendant, and Wake County, Additional Defendant.

Court of Appeals of North Carolina.

Certiorari Allowed January 9, 1974.

Attorney(s) appearing for the Case

Bailey, Dixon, Wooten & McDonald by Wright T. Dixon, Jr., and Kenneth Wooten, Jr., Raleigh, for plaintiff appellant.

Purrington, Hatch & Purrington by A. L. Purrington, Jr., Raleigh, for defendant appellee, Balentines, Inc.

J. Bourke Bilisoly, Raleigh, for third party defendant appellee, Wake County.

Certiorari Allowed by Supreme Court January 9, 1974.

HEDRICK, Judge.

The key inquiry in the instant case is the determination of the nature of the 14 August 1969 agreement which exists between Szabo and Balentine's. Upon resolution of this matter, reference must then be made to N.C.G.S. § 105-304(a) and G.S. § 105-306(c)(2), the 1972 amended version of G. S. § 105-304(a), which controls the effect that this legal arrangement has on who must...

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