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KACZALA v. RICHARDSON

No. 62.

224 S.E.2d 615 (1976)

290 N.C. 91

Lawrence E. KACZALA v. George Grady RICHARDSON v. CITY OF WILMINGTON.

Supreme Court of North Carolina.

May 14, 1976.

Attorney(s) appearing for the Case

Smith & Spivey by Vaiden P. Kendrick, Wilmington, for appellant Lawrence E. Kaczala.

Yow & Yow by Cicero P. Yow, Wilmington, for appellant City of Wilmington.

Prickett & Scott by Carlton S. Prickett, Jr., and Marshall, Williams, Gorham & Brawley by Lonnie B. Williams, Wilmington, for appellee George Grady Richardson.

EXUM, Justice.

The Court of Appeals' majority saw the issue before it as whether on the first appeal it awarded "a partial new trial." Realizing that it could "in a proper case," direct a partial new trial it held that since the issues to be retried were not specifically and expressly designated in its first opinion, a "partial new trial" was not ordered. The majority then concluded that it was proper for Richardson's counterclaim and cross-claim to be retried and...

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