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ANDREX INDUSTRIES CORP. v. WESTERN CAROLINA

No. 7728SC137.

239 S.E.2d 850 (1978)

ANDREX INDUSTRIES CORPORATION v. WESTERN CAROLINA WAREHOUSING COMPANY v. WILLIAM B. DILLARD CONSTRUCTION COMPANY, INC., Third Party Defendant.

Court of Appeals of North Carolina.

January 17, 1978.

Attorney(s) appearing for the Case

Morris, Golding, Blue & Phillips by Steve Kropelnicki, Jr., Asheville, for plaintiff.

Uzzell & DuMont by Larry Leake, Asheville, for defendant.

MARTIN, Judge.

Defendant contends that the substitution of Andrex Industries Corporation as plaintiff in this cause creates a new and independent cause of action and in effect, is an attempt to change the liability sought to be enforced against defendant. With this conclusion, we cannot agree.

In Exterminating Co. v. O'Hanlon, 243 N.C. 457, 91 S.E.2d 222 (1956), our Supreme Court held...

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