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EDWARDS v. EDWARDS

No. 7825DC1021.

256 S.E.2d 728 (1979)

42 N.C. App. 301

James Harrell EDWARDS v. Trelby Bumgarner EDWARDS.

Court of Appeals of North Carolina.

July 17, 1979.

Attorney(s) appearing for the Case

West & Groome by Ted G. West, H. Houston Groome, Jr., and Edward H. Blair, Jr., Lenoir, for plaintiff appellee.

James, McElroy & Diehl by William K. Diehl, Jr., Dale S. Morrison, and David M. Kern, Charlotte, for defendant appellant.

PARKER, Judge.

Defendant first assigns error to the trial court's action in denying her motion to dismiss plaintiff's action on the grounds that it must be brought as an additional claim in the existing suit between the parties. We find no error in this regard.

Gardner v. Gardner, 294 N.C. 172, 240 S.E.2d 399 (1978), relied on by defendant, is distinguishable. In Gardner, the...

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