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SETTLE BY AND THROUGH SULLIVAN v. BEASLEY

No. 67PA83.

308 S.E.2d 288 (1983)

John Wesley SETTLE, a minor, By and Through his Guardian ad Litem, Mark E. SULLIVAN v. Kenneth Wayne BEASLEY.

Supreme Court of North Carolina.

November 3, 1983.

Attorney(s) appearing for the Case

Sullivan & Pearson, P.A. by Mark E. Sullivan, Raleigh, for plaintiff-appellant.

Canaday & Canaday, P.A. by C.C. Canaday, Jr. and Claude C. Canaday III, Benson, for defendant-appellee.

MARTIN, Justice.

The central question in this appeal is whether plaintiff is barred by collateral estoppel from pursuing this action. The materials before the court at the summary judgment hearing disclosed that a prior action had been brought against defendant in Johnston County about 20 December 1977, pursuant to N.C.G.S. 49-14, to establish the paternity of John Wesley Settle. This action was brought in the name of plaintiff's mother, Frances Settle, by the Child...

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