SALVATION ARMY v. WELFARE

No. 828SC627.

303 S.E.2d 658 (1983)

The SALVATION ARMY v. W.F. WELFARE, Jr., Wachovia Bank & Trust Company, N.A., Executor of the Estate of Petrus M. Koens, and American Savings & Loan Association.

Court of Appeals of North Carolina.

July 5, 1983.


Attorney(s) appearing for the Case

Dees, Dees, Smith, Powell & Jarrett by William W. Smith, Goldsboro, for plaintiff.

Spence & Spence by Robert A. Spence, Sr., Smithfield, for defendant.


WELLS, Judge.

This case reaches us in an unusual procedural context. First, we note that the judgment below did not finally determine all of the claims raised by the pleadings, two of plaintiff's claims being left for trial by the trial court's judgment. Defendant Welfare's appeal from the trial court's denial of his motion for summary judgment as to plaintiff's second and third counts was the subject of a motion to dismiss, in this Court. A previous panel having...

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