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ALLEN v. WACHOVIA BANK & TRUST CO., N.A.

No. 773SC199.

241 S.E.2d 123 (1978)

35 N.C. App. 267

Buell Thomas ALLEN v. WACHOVIA BANK & TRUST COMPANY, N.A., Robert Wallace Howard and J. Reid Hooper.

Court of Appeals of North Carolina.

February 7, 1978.

Attorney(s) appearing for the Case

Howard, Vincent & Duffus, by Malcolm J. Howard, Greenville, for plaintiff-appellee.

Smith, Anderson, Blount & Mitchell by James D. Blount, Jr. and Michael E. Weddington, Raleigh, for defendants-appellants.

ARNOLD, Judge.

Defendants' first and third assignments of error, that the court erred by failing to dismiss this action on grounds of a prior pending action and by failing to rule on defendants' alternative motions to dismiss, are subject to dismissal by this Court. The order of the trial court refusing to dismiss is an interlocutory order from which no right of immediate appeal lies. See Acorn v. Knitting Corp., 12 N.C. App. 266

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