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HALSEY v. CHOATE

No. 7523DC380.

217 S.E.2d 740 (1975)

27 N.C. App. 49

Lewis HALSEY v. A. V. CHOATE.

Court of Appeals of North Carolina.

September 17, 1975.

Attorney(s) appearing for the Case

Edmund I. Adams, Sparta, for plaintiff appellee.

Wade E. Vannoy, Jr., by Jimmy D. Reeves, West Jefferson, for defendant appellant.

BRITT, Judge.

In the first of his two assignments of error, defendant contends the court erred in overruling his motion for judgment of involuntary dismissal made at the conclusion of all the evidence pursuant to G.S. § 1A-1, Rule 41(b). We find no merit in this assignment and it is overruled.

In his second assignment of error, defendant contends the court erred in concluding as a matter of law that the milk...

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