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FOUST v. HUGHES

No. 7315SC267.

204 S.E.2d 230 (1974)

21 N.C. App. 268

Dan FOUST and the State of North Carolina on relation of Dan Foust v. Michael T. HUGHES et al.

Court of Appeals of North Carolina.

Certiorari Denied June 4, 1974.

Attorney(s) appearing for the Case

Walter G. Green, Graham, for plaintiff appellant.

Atty. Gen. Robert Morgan by Associate Atty. Ann Reed, Raleigh, for defendant Boswell, appellee.

Smith, Moore, Smith, Schell & Hunter by Larry B. Sitton and James A. Medford, Greensboro, for defendants Stockard and Fidelity and Deposit Co. of Md., appellees.

Certiorari Denied by Supreme Court June 4, 1974.

PARKER, Judge.

PLAINTIFF'S APPEAL FROM THE ORDER ALLOWING DEFENDANT BOSWELL'S MOTION TO DISMISS UNDER RULE 12(b)(6)

Plaintiff alleged that defendant Boswell was at all times mentioned in the complaint "a magistrate of the District Court, duly appointed, qualified and acting as such." A magistrate is an officer of the district court, G.S. § 7A-170, and in issuing a warrant a magistrate performs...

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