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DURHAM v. CREECH

No. 7511SC158.

214 S.E.2d 612 (1975)

25 N.C. App. 721

Delmas DURHAM and wife, Irene W. Durham v. Margie M. CREECH (widow), et al.

Court of Appeals of North Carolina.

May 21, 1975.

Attorney(s) appearing for the Case

L. Austin Stevens and E. V. Wilkins, Smithfield, for plaintiffs-appellants.

W. R. Britt and James A. Wellons, Jr., Smithfield, for defendants-appellees.

HEDRICK, Judge.

Although the parties have not raised the question, we must consider whether the trial judge's order dismissing plaintiffs' claim against the defendants Smith is presently appealable. Rule 54(b) of the Rules of Civil Procedure provides:

"Judgment upon multiple claims or involving multiple parties.—When more than one claim for relief is presented in an action, whether as a claim, counterclaim...

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