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BROOKS v. ROGERS

No. 8618SC110.

346 S.E.2d 677 (1986)

Nancy C. BROOKS v. Lee ROGERS; Carolina Business Consultants, Inc.; Lee Rogers, Inc.; Burroughs and Rogers, Inc.; and Lee Rogers and Ruth R. Burroughs d/b/a Burroughs and Rogers, a Partnership.

Court of Appeals of North Carolina.

August 19, 1986.

Attorney(s) appearing for the Case

Richard M. Pearman, Jr., Greensboro, for plaintiff-appellant.

Kirby, Wallace, Creech, Sarda & Zaytoun by John R. Wallace, Raleigh, for defendants-appellees Lee Rogers, Carolina Business Consultants, Inc., and Lee Rogers, Inc.

McMillan, Kimzey, Smith & Roten by Russell W. Roten, Raleigh, for defendants-appellees Burroughs and Rogers, Inc., and Lee Rogers and Ruth R. Burroughs d/b/a Burroughs and Rogers partnership.

BECTON, Judge.

This appeal is from an order dismissing plaintiff Nancy C. Brooks' action on the ground that it should have been filed as a counterclaim in a prior pending action. We modify and affirm the trial court's order.

The main issue before us is whether, under Rule 13(a) of the North Carolina Rules of Civil Procedure, the claims filed by Brooks in her Guilford County action constitute compulsory counterclaims...

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