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HAYES v. BROWNE

No. 8414SC1136.

331 S.E.2d 763 (1985)

Earlyne W. HAYES, Administratrix of the Estate of Roy Lee Hayes, Deceased v. T. Marcus BROWNE, Administrator of Estate of Conrad Jude Mentel, Jr. and Durham West, Inc.

Court of Appeals of North Carolina.

July 16, 1985.

Attorney(s) appearing for the Case

Hunter, Hodgman, Green & Donaldson by Richard M. Green and Arthur J. Donaldson, Greensboro, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Ronald C. Dilthey and Theodore B. Smyth, Raleigh, for defendant-appellee Durham West, Inc.

JOHNSON, Judge.

At the outset, we note that plaintiff's appeal is from an interlocutory order imposing sanctions for failure to complete discovery. Nevertheless, we choose to exercise our discretion and pass on the merits of plaintiff's appeal from the dismissal of the action. See, Routh v. Weaver, 67 N.C. App. 426, 428, 313 S.E.2d 793, 795 (1984).

Plaintiff's first assignment...

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