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WHICHARD v. OLIVER

No. 812SC567.

287 S.E.2d 461 (1982)

John A. WHICHARD and wife, Christine A. Whichard; Jack L. Wallace and wife, June B. Wallace; Ray T. Tuten and wife, Rebecca A. Tuten; Leon H. Wingate and wife, Alice A. Wingate; Maxey T. Bunch and wife, Nancy B. Bunch; Edward J. Mullen and wife, Jacqueline B. Mullen; Rodney T. Bowen and wife, Jean E. Bowen; Connell E. Purvis and wife, Juanita E. Purvis; Alton N. Woolard and wife, Darlene O. Woolard; and Clarence M. Cartwright and wife, Barbara Cartwright v. Ronald G. OLIVER and wife, Betty Ormond Oliver.

Court of Appeals of North Carolina.

March 2, 1982.

Attorney(s) appearing for the Case

McMullan & Knott by Lee E. Knott, Jr., Washington, for plaintiff-appellees.

Graves & Nifong by Norman L. Nifong, Winston-Salem, for defendant-appellants.

WELLS, Judge.

Defendants first contend that the trial court erred in denying their motion to dismiss the claims of those plaintiffs who did not testify. Defendants argue that since plaintiffs did not bring this action as a Rule 23 class action, there was insufficient evidence to support the claims of the non-testifying plaintiffs.

Plaintiffs were entitled to sue collectively, without being certified as a class for...

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