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PHILBIN INV., INC. v. ORB ENTERPRISES, LTD.

No. 7728SC312.

242 S.E.2d 176 (1978)

35 N.C. App. 622

PHILBIN INVESTMENTS, INC. v. ORB ENTERPRISES, LIMITED and Dove, Limited.

Court of Appeals of North Carolina.

Certiorari Denied May 8, 1978.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes, Hyde & Davis by Russell P. Brannon, Asheville, for plaintiff-appellee.

S. Thomas Walton, Asheville, for defendants-appellants.

Certiorari Denied by Supreme Court May 8, 1978.

ERWIN, Judge.

Defendants first assign as error the trial court's denial of their motion to dismiss, asserting lack of jurisdiction over the person, insufficiency of service of process, and incapacity of plaintiff to sue. We note at the outset that the "Stipulations of Record on Appeal" contain the following:

"1. That the Buncombe County Superior Court had jurisdiction over all parties to this action...

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