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WHALEHEAD PROPERTIES v. COASTLAND CORP.

No. 781SC933.

256 S.E.2d 284 (1979)

42 N.C. App. 198

WHALEHEAD PROPERTIES, a partnership v. COASTLAND CORPORATION, Ocean Sands Property Owners Association, Inc. and Ocean Sands, Inc.

Court of Appeals of North Carolina.

July 3, 1979.

Attorney(s) appearing for the Case

White, Hall, Mullen, Brumsey & Small by M. H. Hood Ellis and Gerald F. White, J. Kenyon Wlson, Jr., Elizabeth City, for plaintiff-appellant and plaintiff-appellee.

Leroy, Wells, Shaw, Hornthal, Riley & Shearin by Dewey W. Wells and Mark M. Maland, Twiford, Trimpi & Thompson by Russell E. Twiford and Jack H. Derrick, Elizabeth City, for defendants-appellants and defendants-appellees.

HEDRICK, Judge.

The present case is indistinguishable from Tridyn Industries, Inc. v. American Mutual Insurance Company, 296 N.C. 486, 251 S.E.2d 443 (1979), where our Supreme Court declared that an appeal from an order granting partial summary judgment on the issue of liability, reserving for trial the issue of damages, is interlocutory and must be dismissed. Justice Exum, writing for a unanimous...

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