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WILLIS v. RUSSELL

No. 833SC239.

315 S.E.2d 91 (1984)

James B. WILLIS, Jr. v. Thomas H. RUSSELL and Shelby M. Freeman.

Court of Appeals of North Carolina.

May 15, 1984.

Attorney(s) appearing for the Case

Mason & Phillips by L. Patten Mason, Morehead City, for plaintiff-appellant and cross-appellee.

Bennett, McConkey & Thompson by Thomas S. Bennett, Morehead City, for defendant-appellee and cross-appellant Thomas H. Russell.

Wheatly, Wheatly & Nobles by C.R. Wheatly, Jr., Beaufort, for defendant-appellee and cross-appellant Shelby M. Freeman.

PHILLIPS, Judge.

Both parties assign error to the trial court ruling on defendants' motions for directed verdict. The appropriate standard of review is set forth in Koonce v. May, 59 N.C. App. 633, 634, 298 S.E.2d 69, 71 (1982):

A motion by a defendant for a directed verdict under G.S. 1A-1, Rule 50(a) of the Rules of Civil Procedure tests the legal sufficiency of the evidence...

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