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WINBORNE v. WINBORNE

No. 816SC209.

282 S.E.2d 487 (1981)

Sylvia E. WINBORNE v. Melvin D. WINBORNE.

Court of Appeals of North Carolina.

October 6, 1981.

Attorney(s) appearing for the Case

Jenkins & Jenkins by Robert C. Jenkins, Ahoskie, for petitioner-appellee.

Revelle, Burleson, Lee & Revelle by L. Frank Burleson, Jr., Murfreesboro, for respondent-appellant.

WEBB, Judge.

We believe we are governed by Hepler v. Burnham, 24 N.C. App. 362, 210 S.E.2d 509 (1975) in which case the parties entered into a separation agreement which provided:

"It is understood and agreed that the parties hereto, prior to separation, resided at 739 Fairfield Street, Burlington, North Carolina, and the party of the first party (sic), wife now resides in and...

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