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  5. 249 S.E.2d 375 (1978)
 

PITTS v. VILLAGE INN PIZZA, INC.

No. 10.

249 S.E.2d 375 (1978)

296 N.C. 81

Richard PITTS v. VILLAGE INN PIZZA, INC.

Supreme Court of North Carolina.

November 28, 1978.

Attorney(s) appearing for the Case

Barnes, Braswell & Haithcock by Michael A. Ellis, Goldsboro, for plaintiff-appellant.

Taylor, Warren, Kerr & Walker by Robert D. Walker, Jr., Goldsboro, for defendant-appellee.

HUSKINS, Justice:

Upon argument of the case in this Court plaintiff's counsel stated that he was not pursuing any claim for wrongful discharge or for punitive damages but was seeking only actual damages of $5,000 for malicious prosecution. We therefore treat as abandoned his claim for damages for wrongful discharge and his claim for punitive damages for malicious prosecution. There remains for determination by this Court the question whether the Court of Appeals erred...

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