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GREEN v. DUKE POWER CO.

No. 8026SC637.

274 S.E.2d 889 (1981)

Andrea D. GREEN, by her Guardian ad Litem, Kenneth R. Downs, and Henry Frank Green, Plaintiffs, v. DUKE POWER COMPANY, a North Carolina Corporation, Defendant and Third-Party Plaintiff, v. Henry Thomas EANES and Housing Authority of the City of Charlotte, North Carolina, Third-Party Defendants.

Court of Appeals of North Carolina.

February 17, 1981.

Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William E. Poe and Irvin W. Hankins, III, Charlotte, for defendant and third-party plaintiff-appellant Duke Power Co.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Hatcher Kincheloe, Charlotte, for third-party defendant-appellee Eanes.

Golding, Crews, Meekins, Gordon & Gray by James P. Crews, Charlotte, for third-party defendant-appellee Housing Authority of the City of Charlotte, N. C.

WELLS, Judge.

Although Eanes' and Authority's motions to dismiss Duke's appeal as interlocutory were denied by another panel of judges of this Court, and although this question was not argued by either party before this Court, we believe that the opinion of our Supreme Court in Bailey v. Gooding, 301 N.C. 205, 270 S.E.2d 431 (1980) requires us to...

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