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CARR v. GREAT LAKES CARBON CORP.

No. 8025SC369.

272 S.E.2d 374 (1980)

Mrs. N. J. CARR; Robert P. Carr; Julia G. Carr; Robert B. Carr; by his Guardian Ad Litem, Robert P. Carr; Agnes Jane Carr, by her Guardian Ad Litem, Julia G. Carr; William B. Gooch; Julia B. Gooch and Douglas Braxton Gooch v. GREAT LAKES CARBON CORPORATION, Carlton Wood and Blake F. Watson.

Court of Appeals of North Carolina.

December 2, 1980.

Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson by W. F. Maready and Jackson N. Steele, Winston Salem, and Simpson, Baker, Aycock & Beyer by Samuel Aycock, Morgantown, for plaintiff appellants.

Byrd, Byrd, Ervin, Blanton & Whisnant by Joe K. Byrd and Robert B. Byrd, Morgantown, Patrick, Harper & Dixon by Charles D. Dixon, Hickory, and Sam J. Ervin, Jr., Morgantown, for defendant appellees.

HARRY C. MARTIN, Judge.

On this appeal we must determine whether Judge Ferrell had authority to enter the order of 28 September 1979 dismissing plaintiffs' claim for punitive damages. Plaintiffs contend that one superior court judge has no authority to overrule the judgment of another superior court judge in the same case on the same issue. Defendants argue that such action is proper on motions for summary judgment if the materials presented at the hearing on the...

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