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WINSTON-SALEM JOINT VENTURE v. CATHY'S BOUTIQUE INC.

No. 8421DC437.

325 S.E.2d 286 (1985)

WINSTON-SALEM JOINT VENTURE A Partnership v. CATHY'S BOUTIQUE, INC.

Court of Appeals of North Carolina.

February 5, 1985.

Attorney(s) appearing for the Case

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by Penni L. Pearson, Winston-Salem, for plaintiff-appellee.

William Y. Wilkins, Winston-Salem, for defendant-appellant.

EAGLES, Judge.

I

We first consider the interlocutory nature of this appeal. As grounds for its motion to dismiss Joint Venture's action for breach of lease, Cathy's asserts that the action is a compulsory counterclaim to Cathy's libel action filed 13 October 1983. In Atkins v. Nash, 61 N.C. App. 488, 300 S.E.2d 880 (1983) we said:

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