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FIREMAN'S FUND INS. CO. v. JACKSON

No. 7710SC773.

246 S.E.2d 86 (1978)

37 N.C. App. 349

FIREMAN'S FUND INSURANCE COMPANY, a corporation v. Dr. Dennis L. JACKSON, Dennis L. Jackson, Jr. (a minor), Nathaniel Moore, Archie Gore, William F. Jackson (Administrator of the Estate of Floyd Jackson), and Nationwide Mutual Insurance Company (a corporation).

Court of Appeals of North Carolina.

August 1, 1978.

Attorney(s) appearing for the Case

Teague, Johnson, Patterson, Dilthey & Clay by Robert M. Clay and Dan M. Hartzog, Raleigh, for plaintiff-appellant.

Blackwell, Thompson, Johnson & Thompson by E. Lynn Johnson, Fayetteville, for defendants-appellees Dr. Dennis L. Jackson and Dennis L. Jackson, Jr.

MacRae, MacRae & Perry by James E. MacRae, Fayetteville, for defendant-appellee Dr. Dennis L. Jackson.

Butler, High & Baer by Keith Jarvis, Fayetteville, for defendant-appellee William F. Jackson, Administrator of the Estate of Floyd Jackson.

Smith, Anderson, Blount & Mitchell by Samuel G. Thompson, Raleigh, for defendants-appellees Nationwide Mut. Ins. Co., Nathaniel Moore and Archie Gore.

MITCHELL, Judge.

This action was tried by the trial court without a jury, and its findings of fact previously set forth herein were fully supported by competent evidence. Therefore, they are conclusive and will not be disturbed upon appeal. 12 Strong, N.C. Index 3d, Trial, § 58.3, p. 493.

The plaintiff assigns as error the conclusion of the trial court that the policy of automobile liability insurance in question was not canceled prior to 10 April 1975...

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