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ATKINS v. NASH

No. 8217SC346.

300 S.E.2d 880 (1983)

Kenneth E. ATKINS and wife, Ruth S. Atkins v. Ross W. NASH.

Court of Appeals of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

Hamel, Hamel & Pearce, P.A. by Edward D. Seltzer, Charlotte, for defendant-appellant.

Thomas S. Harrington, Eden, for plaintiffs-appellees.

WHICHARD, Judge.

I.

The issues presented are whether the court erred in (1) denying defendant's motion to dismiss on grounds of a prior pending action, and (2) denying defendant's motion for a change of venue "for the convenience of parties and witnesses." Our holding, for reasons hereafter set forth, that the court should have granted the first motion, renders consideration of the second issue unnecessary.

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