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POYTHRESS v. LIBBEY-OWENS FORD CO.

No. 8315SC504.

313 S.E.2d 893 (1984)

Shelton W. POYTHRESS v. LIBBEY-OWENS FORD COMPANY.

Court of Appeals of North Carolina.

April 17, 1984.

Attorney(s) appearing for the Case

Messick, Messick & Messick by T. Paul Messick, Jr., Burlington, for plaintiff.

Tuggle, Duggins, Meschan, Thornton & Elrod, P.A. by Joseph F. Brotherton, Greensboro, for defendant.

WELLS, Judge.

Plaintiff's counsel prepared a proposed pre-trial order with a number of stipulations. This order was signed by counsel for both parties and ordered filed by the court. The order contained the following stipulations pertinent to this appeal:

. . . . .

(3) In addition to the other stipulations contained herein, the parties hereto stipulate and agree as to the following uncontroverted facts: a. That on February 2, 1978, the...

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