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WHALEHEAD PROPERTIES v. COASTLAND CORP.

No. 124.

261 S.E.2d 899 (1980)

299 N.C. 270

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

Supreme Court of North Carolina.

February 1, 1980.

Attorney(s) appearing for the Case

J. Kenyon Wilson, Jr. and M. H. Hood Ellis, and White, Hall, Mullen, Brumsey & Small by Gerald F. White, Elizabeth City, for Whalehead Properties, plaintiff.

LeRoy, Wells, Shaw, Hornthal, Riley & Shearin by Dewey W. Wells and Mark M. Maland, and Twiford, Trimpi & Thompson by Russell E. Twiford and Jack E. Derrick, Elizabeth City, for Coastland Corporation, et als., defendants.

BROCK, Justice.

The Court of Appeals in its dismissal of the parties' appeals relied on our opinion in Tridyn Industries, Inc. v. American Mutual Insurance Company, 296 N.C. 486, 251 S.E.2d 443 (1979). For the reasons which follow we hold Tridyn does not require dismissal of either plaintiff's or defendants' appeal.

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