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MUNCHAK CORP. v. CALDWELL

No. 107.

273 S.E.2d 281 (1981)

The MUNCHAK CORPORATION (Delaware) and RDG Corporation et al. v. Joe L. CALDWELL.

Supreme Court of North Carolina.

January 6, 1981.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by Hubert Humphrey and Edward C. Winslow, III, Greensboro, and Powell Goldstein, Frazer & Murphy by Frank Love, Atlanta, Ga., for plaintiff-appellant Munchak Corp. (Delaware).

Younce, Wall & Chastain, Greensboro, for plaintiff-appellant Munchak Corp. (Georgia).

Smith Moore Smith Schell & Hunter by Bynum M. Hunter, James L. Gale and Alan W. Duncan, Greensboro, for defendant-appellee.

BRANCH, Chief Justice.

The sole question presented for review is whether the trial court erred in permitting defendant to offer into evidence the transcript of the prior proceeding without first laying the proper foundation.

A transcript of testimony given at a prior trial or proceeding, if offered to prove the truth of the matters stated therein, is hearsay. State v. Smith, 291 N.C. 505, 231 S.E.2d 663...

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