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RORIE v. BLACKWELDER

No. 7526SC208.

215 S.E.2d 397 (1975)

26 N.C. App. 195

James F. RORIE v. Kenneth B. BLACKWELDER and wife, Barbara A. Blackwelder.

Court of Appeals of North Carolina.

June 4, 1975.

Attorney(s) appearing for the Case

Scarborough, Haywood & Merryman by Charles B. Merryman, Jr., Charlotte, for plaintiff-appellant.

Horack, Talley, Pharr & Lowndes by Travis W. Moon, Charlotte, for defendants-appellees.

HEDRICK, Judge.

Although neither party has raised the question, it is clear that the judgment from which the plaintiff purports to appeal adjudicates "the rights and liabilities of fewer than all the parties" and contains no determination by the trial judge that "there is no just reason for delay" within the language of Rule 54(b) of the North Carolina Rules of Civil Procedure, which provides:

"(b) Judgment...

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