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SMITH v. PACIFIC INTERMOUNTAIN EXP. CO.

No. 7728SC85.

239 S.E.2d 614 (1977)

34 N.C. App. 694

James Thomas SMITH, Sr. and Atlas Railroad Construction Company, a North Carolina Corporation v. PACIFIC INTERMOUNTAIN EXPRESS COMPANY, a Nevada Corporation.

Court of Appeals of North Carolina.

December 21, 1977.

Attorney(s) appearing for the Case

John A. Powell, Asheville, for plaintiffs-appellees.

Morris, Golding, Blue & Phillips by James N. Golding, Asheville, for defendant-appellant.

VAUGHN, Judge.

The court correctly concluded that the summonses were insufficient to make Pacific Intermountain Express Company a party to the lawsuit. Russell v. Manufacturing Co., 266 N.C. 531, 146 S.E.2d 459 (1966); Wiles v. Construction Co., 34 N.C. App. 157, 237 S.E.2d 297 (1977).

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