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CURLINGS v. MACEMORE

No. 8123DC904.

290 S.E.2d 725 (1982)

Jimmy W. CURLINGS and Wife, Martha Curlings v. Henderson W. MACEMORE and Wife, Sally Macemore.

Court of Appeals of North Carolina.

May 4, 1982.

Attorney(s) appearing for the Case

William M. Allen, Jr., Yadkinville, for plaintiffs-appellants.

Finger, Park & Parker by Daniel J. Park, Elkin, for defendants-appellees.

BECTON, Judge.

We agree with plaintiffs. The trial court erred in dismissing plaintiffs' action on the ground that it should have been asserted as a counterclaim in a prior action brought by defendants against plaintiffs.

G.S. 1A-1, Rule 13(a) states in relevant part that:

A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party...

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