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JONES v. CLARK

No. 7721DC453.

244 S.E.2d 183 (1978)

36 N.C. App. 327

Robert Louis JONES and Brenda A. Porter, Plaintiffs, v. Richard D. CLARK, t/a Richard D. Clark Associates, and wife, Toni B. Clark, Defendants and Third-Party Plaintiffs, v. LESCO HOMES, INCORPORATED of North Carolina and Pittsburgh Testing Laboratory, Third-Party Defendants.

Court of Appeals of North Carolina.

May 16, 1978.

Attorney(s) appearing for the Case

Westmoreland & Sawyer by Barbara C. Westmoreland and Gregory W. Schiro, Winston-Salem, for defendants/third-party plaintiffs-appellants.

Deal, Hutchins & Minor by William Kearns Davis, Winston-Salem, for third-party defendants-appellees.

MORRIS, Judge.

In this case, the first question presented is whether the appeal should be dismissed as is urged by the appellee (third-party defendant). PTL asserts that the appeal does not meet the requirements of Rule 54(b) for an interlocutory appeal where final judgment is entered "as to one or more but fewer than all of the claims or parties" because the trial judge did not determine that "there is no just reason for...

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