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McCLENDON v. CLINARD

No. 7721DC1008.

247 S.E.2d 783 (1978)

37 N.C. App. 353

Theodore McCLENDON and Rachel McClendon v. David Elwood CLINARD, Jr., Defendant and Third Party Plaintiff, v. George CARDWELL, d/b/a Cardwell Electric Company.

Court of Appeals of North Carolina.

October 17, 1978.

Attorney(s) appearing for the Case

Legal Aid Society of Northwest North Carolina by Bertram Ervin Brown, II, and Paul Sinal, Winston-Salem, for plaintiffs.

Deal, Hutchins & Minor by Richard Tyndall and Richard D. Ramsey, Winston-Salem, for defendant and third-party plaintiff.

Hudson, Petree, Stockton Stockton & Robinson by Jackson N. Steele, Winston-Salem, for third-party defendant.

BROCK, Chief Judge.

Plaintiffs, in their first assignment of error, contend that the trial judge erred as a matter of law in denying plaintiffs' motion to recuse. We think disposition of this case is governed by North Carolina National Bank v. Gillespie, 291 N.C. 303, 230 S.E.2d 375 (1976). In that case the defendant made a motion to recuse, alleging personal bias and prejudice arising from...

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