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SMITH v. NATIONWIDE MUT. INS. CO.

No. 130PA85.

337 S.E.2d 569 (1985)

315 N.C. 262

Rose Marie Ledford SMITH, Rita Carden and Frances W. Ledford v. NATIONWIDE MUTUAL INSURANCE COMPANY and South Carolina Insurance Company.

Supreme Court of North Carolina.

December 10, 1985.

Attorney(s) appearing for the Case

Coleman, Bernholz, Dickerson, Bernholz, Gledhill & Hargrave by Douglas Hargrave, Hillsboro, for plaintiffs-appellees.

Moore, Ragsdale, Liggett, Ray & Foley by Peter M. Foley, Raleigh, for defendant-appellant.

Holt, Spencer, Longest & Wall by James C. Spencer, Jr., Burlington, for defendant-appellee.

MARTIN, Justice.

This appeal arises from the decision of the Court of Appeals on a petition to rehear this case. At the outset we note that the Court of Appeals withdrew the prior opinion in Smith v. Nationwide Mut. Ins. Co., 71 N.C. App. 69, 321 S.E.2d 498 (1984), and declared it no longer the law of this case. In its order granting the petition to rehear, the court stated:

On rehearing, this Court will consider...

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