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McBRIDE v. JOHNSON OIL AND TRACTOR CO.

No. 8022SC1036.

279 S.E.2d 117 (1981)

Charlie A. McBRIDE v. JOHNSON OIL AND TRACTOR COMPANY and Robert Lewis Dalton and William F. ODELL v. JOHNSON OIL AND TRACTOR CO. and Robert Lewis Dalton.

Court of Appeals of North Carolina.

June 16, 1981.

Attorney(s) appearing for the Case

Wilson, Biesecker, Tripp & Wall by Roger S. Tripp, Lexington, for plaintiffs-appellants.

Caudle, Underwood & Kinsey by C. Ralph Kinsey, Jr., and Hal C. Spears, Charlotte, for defendant-appellee Johnson Oil and Tractor, Inc.

Hudson, Petree, Stockton, Stockton & Robinson by James H. Kelly, Jr., Winston-Salem, for defendant-appellee Robert Lewis Dalton.

HILL, Judge.

Defendant Johnson Oil and Tractor Company relies upon Battle v. Clanton, 27 N.C. App. 616, 220 S.E.2d 97 (1975), cert. denied, 289 N.C. 613, 223 S.E.2d 391 (1976), to support the summary judgments herein. The Battle case involved an automobile accident...

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