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EMPLOYERS MUT. CAS. CO. v. GRIFFIN

No. 7926SC962.

266 S.E.2d 18 (1980)

EMPLOYERS MUTUAL CASUALTY COMPANY v. Timothy Mitchell GRIFFIN.

Court of Appeals of North Carolina.

May 20, 1980.

Attorney(s) appearing for the Case

Myers, Ray & Myers by John F. Ray, Charlotte, for plaintiff-appellee.

Caudle, Underwood & Kinsey by C. Ralph Kinsey, Jr. and Scott C. Gayle, Charlotte, for defendant-appellant.

ARNOLD, Judge.

Defendant's motion for involuntary dismissal under G.S. 1A-1, Rule 41(b) was denied by the trial court. We find that defendant was entitled to have this motion granted, since plaintiff's evidence failed to show that it had a right to relief. See Wells v. Sturdivant Life Ins. Co., 10 N.C. App. 584, 179 S.E.2d 806 (1971).

Plaintiff's position in this lawsuit is that...

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