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MURROW v. MURROW

No. 8722DC141.

359 S.E.2d 811 (1987)

George W. MURROW v. Donna Campbell MURROW.

Court of Appeals of North Carolina.

September 15, 1987.

Attorney(s) appearing for the Case

Hamel, Helms, Cannon, Hamel & Pearce, P.A. by Thomas R. Cannon and A. Elizabeth Green, Charlotte, for plaintiff, appellant.

Pope, McMillan, Gourley, Kutteh & Parker by David P. Parker, Statesville, for defendant, appellee.

HEDRICK, Chief Judge.

Plaintiff contends the trial court erred in ruling that no oral evidence would be taken in this equitable distribution action and that only affidavits would be considered in determining the issues raised. We agree.

Rule 43(a) of the Rules of Civil Procedure provides:

In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules...

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