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POWELL MFG. CO., INC. v. HARRINGTON MFG. CO.

No. 766SC100.

226 S.E.2d 173 (1976)

30 N.C. App. 97

POWELL MANUFACTURING COMPANY, INC. v. HARRINGTON MANUFACTURING COMPANY, INC. HARRINGTON MANUFACTURING COMPANY, INC. v. POWELL MANUFACTURING COMPANY, INC.

Court of Appeals of North Carolina.

Certiorari Allowed and Appeal Dismissed September 1, 1976.

Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage, and William P. Farthing, Jr., Charlotte, for plaintiff-appellant.

Pritchett, Cooke & Burch by Stephen R. Burch and William W. Pritchett, Jr., Windsor, for defendant-appellee.

Certiorari Allowed and Appeal Dismissed by Supreme Court September 1, 1976.

ARNOLD, Judge.

Appellant contends that its Mecklenburg County complaint is not a compulsory counterclaim because it does not arise out of the same transaction or occurrence as that alleged in appellee's Bertie County claim. We disagree.

G.S. 1A-1, Rule 13(a), provides in pertinent part that:

"A pleading shall state as a...

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