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CONNOR v. ROYAL GLOBE INS. CO.

No. 8127SC267.

286 S.E.2d 810 (1982)

Donald C. CONNOR, Sr. and Betty Connor v. ROYAL GLOBE INSURANCE COMPANY.

Court of Appeals of North Carolina.

February 16, 1982.

Attorney(s) appearing for the Case

Jones, Hewson & Woolard by R. G. Spratt, III, and H. C. Hewson, Charlotte, for defendant-appellant.

Horn, West & Horn by J. A. West, Shelby, for plaintiffs-appellees.

BECTON, Judge.

I

The principal issue on this appeal concerns the effect of the plaintiffs' failure to file a reply to the defendant's counterclaim. G.S. 1A-1, Rule 8(d) provides, "Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or...

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