It appearing that plaintiff's notice of appeal given in open court at the conclusion of the trial in the Superior Court, Surry County was inadvertently omitted from the record on appeal before the North Carolina Court of Appeals, and that the Court of Appeals, 279 S.E.2d 600, dismissed plaintiff's appeal for failure of the record to indicate such notice, and that said court further declined to suspend the rules in the interest of justice to include said notice, and
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