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BOONE v. FULLER

No. 769SC166.

226 S.E.2d 191 (1976)

30 N.C. App. 107

W. T. BOONE, Administrator of Nancy White Fuller, Plaintiff, v. Dave Foster FULLER, Defendant.

Court of Appeals of North Carolina.

July 7, 1976.

Attorney(s) appearing for the Case

Davis, Sturges & Tomlinson by Charles M. Davis, Louisburg, for plaintiff-appellee.

Yarborough, Jolly & Williamson by E. F. Yarborough, Louisburg, for defendant-appellant.

HEDRICK, Judge.

The record on appeal in this case was filed more than 150 days from the giving of notice of appeal in the court below and is subject to dismissal. App.R. 12(a). We have elected, however, to treat the appeal as a petition for writ of certiorari and have allowed the same.

The principal question presented by defendant for review is whether the trial court erred in ruling that there was no genuine issue...

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