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BOOTH v. UTICA MUT. INS. CO.

No. 659PA82.

301 S.E.2d 98 (1983)

308 N.C. 187

Billy Ray BOOTH v. UTICA MUTUAL INSURANCE COMPANY.

Supreme Court of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

William M. Speaks, Jr., Winston-Salem, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by William C. Raper and S. Fraley Bost, Winston-Salem, for defendant-appellee.

PER CURIAM.

The order of the Court of Appeals dismissing the plaintiff's appeal dealt solely with a procedural issue, i.e., whether the plaintiff properly gave notice of appeal. The Court of Appeals has never considered the substantive issue raised in the plaintiff's brief before that court concerning the granting of the motion of defendant-appellee for summary judgment nor do we. The only issue presented before this Court is the propriety of the Court of Appeals...

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