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MENACHE v. ATLANTIC COAST MANAGEMENT CORP.

No. 7915DC98.

260 S.E.2d 100 (1979)

43 N.C. App. 733

Edmond S. MENACHE and wife, Suzanne Menache v. ATLANTIC COAST MANAGEMENT CORPORATION, INC.

Court of Appeals of North Carolina.

November 20, 1979.

Attorney(s) appearing for the Case

John S. Curry, Carrboro and Epting, Hackney & Long by Robert Epting, Chapel Hill, for plaintiffs-appellants.

Powe, Porter, Alphin & Whichard by Charles R. Holton, Durham, for defendant-appellee.

ERWIN, Judge.

The district court is the proper forum to hear and decide a motion made pursuant to G.S. 1A-1, Rule 60(b), of the Rules of Civil Procedure for relief from judgment or order entered in the magistrate's court. A new trial is not permitted before the magistrate. G.S. 7A-228.

Plaintiffs contend that the trial court committed error in concluding as a matter of law:

"1) the failure of Atlantic Coast Management Corporation and its officers...

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