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CARAWAN v. TATE

No. 104.

286 S.E.2d 99 (1982)

Johnnie F. CARAWAN, Plaintiff, v. Tom TATE and Friendly Parking Service, Inc., Defendant and Third-Party Plaintiffs, v. AETNA CASUALTY AND SURETY COMPANY, Third-Party Defendant.

Supreme Court of North Carolina.

January 12, 1982.

Attorney(s) appearing for the Case

Bailey, Brackett & Brackett, P.A. by Cynthia L. Pauley, Charlotte, for plaintiff-appellant.

Newitt, Bruny & Koch by John G. Newitt, Jr., Charlotte, for defendants-appellees.

BRITT, Justice.

We agree with the decision of the Court of Appeals ordering a new trial on all issues.

The only question presented in the new briefs filed in this court is whether the Court of Appeals erred in failing to dismiss defendants' cross-appeal for the reason that they were not aggrieved by the judgment of the trial court, and were not the real parties in interest. Before discussing that question we feel...

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