NASCO EQUIPMENT CO. v. MASON

No. 41.

229 S.E.2d 278 (1976)

291 N.C. 145

NASCO EQUIPMENT COMPANY, Plaintiff, v. Richard H. MASON, d/b/a Dick Mason Lumber Company, Original Defendant, Dick Mason Lumber Company, Inc., Additional Defendant, and First-Citizens Bank & Trust Company, Third-Party Defendant.

Supreme Court of North Carolina.

November 4, 1976.


Attorney(s) appearing for the Case

Basil L. Whitener and Anne M. Lamm, Gastonia, for plaintiff-appellant.

Hollowell, Stott & Hollowell by James C. Windham, Jr., Gastonia, for defendant-appellee.


EXUM, Justice.

The Court of Appeals dismissed plaintiff's appeal on the ground that the judgment appealed from "adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties" without determining that there is "no just reason for delay" as required by General Statute 1A-1, Rule 54(b). Since plaintiff asserted a right of appeal under General Statutes 1-277 and 7A-27, the first issue in the case is whether a partial summary judgment...

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