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TWIN CITY APARTMENTS, INC. v. LANDRUM

No. 7921DC601.

263 S.E.2d 323 (1980)

TWIN CITY APARTMENTS, INC. v. Maralyn LANDRUM (Whedbee).

Court of Appeals of North Carolina.

March 4, 1980.

Attorney(s) appearing for the Case

James T. Lambie, Winston-Salem, for plaintiff-appellee.

Rosbon D. B. Whedbee, Ahoskie, for defendant-appellant.

HILL, Judge.

The defendant contends the trial judge erred in denying the defendant's motion to dismiss this suit on the grounds that the instant action for summary ejectment must be brought as a compulsory counterclaim, pursuant to G.S. 1A-1, Rule 13(a), in the pending Hertford County action. Rule 13(a) states that,

A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it...

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