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U.S. INDUSTRIES, INC. v. THARPE

No. 8023SC145.

268 S.E.2d 824 (1980)

47 N.C. App. 754

U. S. INDUSTRIES, INC. v. Loton E. THARPE, Administratrix of the Estate of Crystal Faye Tharpe and Archie Dale Barker v. Kenneth Roger PULASKI.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Tuggle, Duggins, Meschan, Thornton & Elrod by Joseph E. Elrod, III and Joseph F. Brotherton, Greensboro, for plaintiff-appellee and third-party defendant-appellee.

Finger, Park & Parker by M. Neil Finger and Raymond A. Parker, II, Elkin, for defendant-appellant Archie Dale Barker.

HEDRICK, Judge.

Defendant assigns error to the judgment directing a verdict for the plaintiff and the third-party defendant with respect to defendant's counterclaim and cross claim. The evidence offered at trial tends to show the following:

The collision giving rise to this cause occurred about 9:00 p. m. on 27 November 1977 at the intersection of U.S. Highway 21 Bypass and Poplar Springs Road between a tractor...

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