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SOUTHERN OF ROCKY MOUNT v. WOODWARD SPECIALTY SALES

No. 8010SC557.

279 S.E.2d 32 (1981)

SOUTHERN OF ROCKY MOUNT, INC. v. WOODWARD SPECIALTY SALES, INC.; Ingersoll-Rand Company; and Emerson Electric Company.

Court of Appeals of North Carolina.

June 16, 1981.

Attorney(s) appearing for the Case

Brenton D. Adams and Blanchard, Tucker, Twiggs, Denson & Earls by Charles F. Blanchard, Raleigh, for plaintiff-appellee.

Harris, Cheshire, Leager & Southern by Samuel O. Southern, Raleigh, for defendant-appellant, Woodward Specialty Sales, Inc.

WHICHARD, Judge.

Defendant contends that the testimony of plaintiff's expert mechanical engineer, Dr. Carl. F. Zorowski, constituted a material variance from the allegations of plaintiff's complaint and therefore that the court erred in (1) refusing to limit his testimony, (2) denying defendant's motion for continuance, and (3) denying defendant's motions for directed verdict, judgment notwithstanding the verdict, and new trial. Dr. Zorowski testified that in his...

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