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SAWYER v. COX

No. 7721SC366.

244 S.E.2d 173 (1978)

36 N.C. App. 300

Katie B. SAWYER, Administratrix of the Estate of Tommie Sawyer, Deceased, Substituted Party Plaintiff, v. John H. COX, M. D., Defendant.

Court of Appeals of North Carolina.

Certiorari Denied July 14, 1978.

Attorney(s) appearing for the Case

Erwin & Beaty by James A. Beaty, Jr., Winston-Salem, for substituted party plaintiff.

Robert B. Wilson, Jr., Winston-Salem, for defendant.

Certiorari Denied by Supreme Court July 14, 1978.

MORRIS, Judge.

Defendant raises two primary questions for this Court: (1) Was judgment by default properly entered? (2) If so, should that judgment be set aside under Rule 60(b)?.

Defendant advances four arguments to support his contention that judgment by default was erroneously entered. We will address each argument separately.

First, defendant...

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