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  5. 274 S.E.2d 497 (1981)
 

STATE EX REL. INGRAM v. N. C., ETC.

No. 8010SC602.

274 S.E.2d 497 (1981)

STATE of North Carolina ex rel. John Randolph INGRAM, Commissioner of Insurance v. NORTH CAROLINA FARM BUREAU INSURANCE AGENCY, INC.

Court of Appeals of North Carolina.

February 3, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard L. Griffin, Raleigh, for plaintiff-appellant.

Broughton, Wilkins & Crampton by Robert B. Broughton and William S. Aldridge, Raleigh, for defendant-appellee.

HILL, Judge.

The crux of this case is whether the trial court was correct in concluding that the defendant did not procure insurance within the meaning of G.S. 58-53.3 and in granting the defendant's motion for involuntary dismissal.

The trial judge made the following findings of fact and conclusions of law:

1. The plaintiff, John Randolph Ingram, is the duly elected Commissioner of Insurance for the State of North Carolina,

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