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EMDUR METAL PRODUCTS, INC. v. SUPER DOLLAR STORES, INC.

No. 8110SC490.

286 S.E.2d 642 (1982)

EMDUR METAL PRODUCTS, INC. v. SUPER DOLLAR STORES, INC.

Court of Appeals of North Carolina.

February 2, 1982.

Attorney(s) appearing for the Case

Smith, Debnam, Hibbert & Pahl by Carl W. Hibbert, Raleigh, for plaintiff-appellee.

Manning, Fulton & Skinner by Howard E. Manning, Jr., Raleigh, for defendant-appellant.

BECTON, Judge.

The plaintiff filed a Complaint seeking recovery on a contract for the sale and delivery of goods in the amount of $12,960.00. The Complaint was sent to the defendant's headquarters, where, by inadvertence on the part of an employee, it was not turned over to defendant's counsel. After the time for filing an answer had lapsed, the plaintiff obtained a default judgment for the amount of the claim. After being informed that a default judgment had been...

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