SMITH v. AMERICAN RADIATOR, ETC.

No. 778SC704.

248 S.E.2d 462 (1978)

38 N.C. App. 457

James E. SMITH v. AMERICAN RADIATOR & STANDARD SANITARY CORPORATION and W. M. Wiggins & Co., Inc., and Industrial Maintenance and Mechanical Service, Inc.

Court of Appeals of North Carolina.

November 7, 1978.


Attorney(s) appearing for the Case

Turner & Harrison by Fred W. Harrison, Kinston, for plaintiff-appellee.

Barden, Stith, McCotter & Stith by Laurence A. Stith and F. Blackwell Stith, New Bern, for defendant-appellant Industrial Maintenance and Mechanical Service, Inc., appellant.


PARKER, Judge.

Appellant's first contention is that the trial court erred in its conclusion that there was a valid service of process. Pursuant to G.S. 1A-1, Rule 4(j)(9)b, plaintiff attempted service upon appellant by certified mail, return receipt requested. The mail was addressed to "Mr. John E. Mickler, Process Agent, Industrial Maintenance & Mechanical Service." The certified mail receipt shows that process was received by Bill Ballyer. Appellant contends...

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