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SANDERS v. WILKERSON

No. 54.

204 S.E.2d 17 (1974)

285 N.C. 215

Walter SANDERS, Jr., Administrator of the Estate of Wavon Atkinson, Deceased, v. J. Felton WILKERSON.

Supreme Court of North Carolina.

April 10, 1974.

Attorney(s) appearing for the Case

L. Austin Stevens, Smithfield, for plaintiff appellant-appellee.

Wallace Ashley, Jr., Smithfield, for defendant appellant-appellee.

BOBBITT, Chief Justice.

The hearing before Judge Canaday was on plaintiff's second motion for summary judgment and defendant's answer thereto. The evidence consisted solely of defendant's answers filed 29 July 1970 and 9 September 1970 to the interrogatories filed by plaintiff, this being the same evidence which was before Judge Baley on 1 October 1970.

Defendant's answers to plaintiff's interrogatories disclosed defendant had collected a total of $8,667.53...

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