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FIRST CITIZENS BANK & TRUST CO. v. POWELL

No. 814SC1070.

292 S.E.2d 731 (1982)

FIRST CITIZENS BANK AND TRUST COMPANY v. Norman A. POWELL and wife, Donna C. Powell.

Court of Appeals of North Carolina.

July 6, 1982.

Attorney(s) appearing for the Case

Ward & Smith by Robert H. Shaw, III, New Bern, for plaintiff-appellee.

Fred W. Harrison, Kinston, for defendants-appellants.

ARNOLD, Judge.

Defendants' only assignment of error is that the trial court abused its discretion by striking defendants' answer and entering default judgment. They argue that the imposition of such severe sanctions for their failure to respond to plaintiff's interrogatories and requests for admission is not within the contemplation of Rule 37(d) of the North Carolina Rules of Civil Procedure. Defendants contend that the proper procedure should have been for plaintiff...

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