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COLE v. COLE

No. 8415DC779.

328 S.E.2d 446 (1985)

Dorothy Lesniak COLE v. Donald Scott COLE.

Court of Appeals of North Carolina.

April 16, 1985.

Attorney(s) appearing for the Case

Hogue & Strickland by Lucy D. Strickland, Hillsborough, for plaintiff-appellee.

Clayton, Myrick & McClanahan by Robert D. McClanahan, Durham, for defendant-appellant.

ARNOLD, Judge.

The issue which determines this appeal is whether the district judge's findings of fact support his conclusion of law that the defendant is the biological father of Jonathan Derrick Cole. See Moore v. Deal, 239 N.C. 224, 228, 79 S.E.2d 507, 510 (1954). We hold that they do not.

The findings of fact read, in pertinent part:

4. Jonathan Derrick Cole was born to...

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