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TRIDYN INDUSTRIES v. AMERICAN MUT. LIABILITY INS. CO.

No. 7918SC791.

264 S.E.2d 357 (1980)

46 N.C. App. 91

TRIDYN INDUSTRIES, INC. v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY.

Court of Appeals of North Carolina.

April 1, 1980.

Attorney(s) appearing for the Case

Turner, Enochs, Foster & Burnley by E. Thomas Watson, Greensboro, for plaintiff-appellant.

Smith, Moore, Smith, Schell & Hunter, by Bynum M. Hunter and Michael E. Kelly, Greensboro, for defendant-appellee.

HEDRICK, Judge.

Based on three exceptions duly noted in the record, plaintiff assigns as error Judge Collier's Order dated 11 April 1979, allowing the defendant to amend its Answer to reassert the defense of lack of timely notice, and Judge Mills' Judgment of 29 June 1979, allowing the defendant's motion for summary judgment. We agree with plaintiff, for the reasons to follow, that both the Order and the Judgment were erroneously...

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