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LEVITON MFG. CO. v. BUTCH MFG. CO.

No. 7725SC878.

247 S.E.2d 1 (1978)

37 N.C. App. 726

LEVITON MANUFACTURING CO., Incorporated v. BUTCH MANUFACTURING COMPANY.

Court of Appeals of North Carolina.

Certiorari Denied and Appeal Dismissed November 3, 1978.

Attorney(s) appearing for the Case

Patton, Starnes & Thompson by Thomas M. Starnes, Morganton, for plaintiff-appellee.

Turner, Enochs, Foster & Burnley by James H. Burnley, IV, and E. Thomas Watson, Greensboro, for defendant-appellant.

Certiorari Denied and Appeal Dismissed by Supreme Court November 3, 1978.

HEDRICK, Judge.

Defendant's contentions are that the trial court erred by improperly shifting to defendant the burden of proof as to the price of Item 4158 and that the evidence was insufficient to support the trial court's findings of fact regardless of the burden of proof problem. In Finding of Fact No. 5, the trial court stated:

"(5) The Defendant has failed to satisfy the...

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