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WACHOVIA REALTY INVESTMENTS v. HOUSING, INC.

No. 7521SC747.

221 S.E.2d 381 (1976)

28 N.C. App. 385

WACHOVIA REALTY INVESTMENTS et al. v. HOUSING, INC., et al. v. C. P. ROBINSON, Jr.

Court of Appeals of North Carolina.

Certiorari Allowed April 5, 1976.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by W. P. Sandridge, Jr., Winston-Salem, for plaintiff appellee.

Hoyle, Hoyle & Boone by John T. Weigel, Jr.; Smith, Moore, Smith, Schell & Hunter by Jack W. Floyd and O. Max Gardner, III, Greensboro, for defendant appellant.

Certiorari Allowed by Supreme Court April 5, 1976.

CLARK, Judge.

The judgment of the trial court, though granting summary judgment for plaintiff on its claim, retained the cause "for determination of what amount, if any, are the defendants entitled to as a setoff" under G.S. 45-21.36, and "as to the rights, if any, of the defendant Housing, Inc. to indemnification by the defendant C. P. Robinson, Jr." Under G.S. 1A-1, Rule 54(b) the trial court "may enter...

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