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McGINNIS v. ROBINSON

No. 7826SC1055.

258 S.E.2d 84 (1979)

43 N.C. App. 1

Terry Lynn McGINNIS, by his Guardian ad litem, Lois McGinnis v. John ROBINSON and Elam Torrence Robinson, Sr.

Court of Appeals of North Carolina.

September 18, 1979.

Attorney(s) appearing for the Case

Walker, Palmer & Miller by James E. Walker and Raymond E. Owens, Jr., Charlotte, for plaintiff-appellee.

Womble, Carlyle, Sandridge & Rice by H. Grady Barnhill, Jr., and W. G. Champion Mitchell, Winston-Salem, for defendants-appellants.

VAUGHN, Judge.

The trial judge was of the opinion that the proceeding was under Rule 60(b)(3) and (6). The pertinent parts of Rule 60(b) provide:

"On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: . . . (3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; . . . or...

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