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FIRST CITIZENS BANK & TRUST v. CANAL INS. CO.

No. 808SC279.

271 S.E.2d 565 (1980)

49 N.C. App. 408

FIRST CITIZENS BANK AND TRUST COMPANY v. CANAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

November 4, 1980.

Attorney(s) appearing for the Case

Barnes, Braswell & Haithcock, P.A. by W. Timothy Haithcock, Goldsboro, for plaintiff-appellee.

Dees, Dees, Smith, Powell & Jarrett by William W. Smith, and Michael M. Jones, Goldsboro, for defendant-appellant.

WELLS, Judge.

The judgment of the trial court included inter alia the following finding of fact: "13. The International tractor and Brown trailer were stolen between February 4, 1977 and April 27, 1977 by an unknown person or persons."

Defendant argues on appeal that the evidence did not support the above quoted finding of fact. We agree. Plaintiff presented the testimony of three witnesses: Strickland, the owner of the truck; Jack Roger Westmoreland...

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