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McLAMB v. JONES

No. 7411SC740.

209 S.E.2d 854 (1974)

23 N.C. App. 670

Johnny Michael McLAMB v. Charles JONES.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Bryan, Jones, Johnson, Hunter & Greene by Robert C. Bryan, Dunn, for plaintiff appellee.

Stewart & Hayes, P. A. by D. K. Stewart, Dunn, for defendant appellant.

MORRIS, Judge.

Defendant's first assignment of error relates to the denial of his motion for involuntary dismissal under Rule 41(b) of the Rules of Civil Procedure. While "a motion to dismiss under this rule is not properly available in cases being tried by jury", Hamm v. Texaco, Inc., 17 N.C. App. 451, 454, 194 S.E.2d 560, 562 (1973), in our discretion, plaintiff having made no objection to...

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