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RAPE v. LYERLY

No. 7419SC639.

208 S.E.2d 712 (1974)

23 N.C. App. 241

Donald G. RAPE et al. v. Woodrow W. LYERLY and wife et al.

Court of Appeals of North Carolina.

October 16, 1974.

Attorney(s) appearing for the Case

Kluttz & Hamlin by Lewis P. Hamlin, Jr., and Richard R. Reamer, Salisbury, for plaintiff appellee.

Collier, Harris, Homesley, Jones & Gaines by Walter H. Jones, Jr., Mooresville, for defendant appellants.

BRITT, Judge.

Defendants contend the court erred in failing to grant their motions to dismiss the action, for summary judgment, and for directed verdict. We will discuss some of the grounds argued by defendants in support of their motions.

At the outset, defendants argue that Basil is a necessary party to this action. While denying that he is a necessary party, plaintiffs have moved in this court that they be allowed...

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