TEXTILE FABRICATORS v. C.R.C. INDUSTRIES

No. 7827SC1086.

259 S.E.2d 570 (1979)

43 N.C. App. 530

TEXTILE FABRICATORS, INC. v. C.R.C. INDUSTRIES, INC.

Court of Appeals of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Hollowell, Stott & Hollowell by James C. Windham, Jr., Gastonia, for plaintiff-appellee.

Basil L. Whitener and Anne M. Lamm, Gastonia, for defendant-appellant.


ARNOLD, Judge.

We reject defendant's position that the trial court erred in striking its counterclaim wherein it alleged that plaintiff obtained judgment based on false testimony at the original trial in federal court.

Defendant's counterclaim in the case at bar is an independent action based upon allegations amounting to fraud. Such action would have been more appropriately brought in the federal court since it is the judgment of that court that defendant...

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