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KING v. HUMPHREY

No. 874SC446.

362 S.E.2d 614 (1987)

Janice KING, Plaintiff, v. Gregory Odell HUMPHREY, Defendant, and Third-Party Plaintiff, v. Embrey BOYKIN and Nathan Banks, Third-Party Defendants.

Court of Appeals of North Carolina.

December 15, 1987.

Attorney(s) appearing for the Case

Anderson, Broadfoot, Johnson & Pittman by Steven C. Lawrence, Fayetteville, for defendant and third-party plaintiff.

Russ, Worth & Cheatwood by Walker Y. Worth, Jr., Fayetteville, for third-party defendants.

WELLS, Judge.

Third-party defendants' (hereinafter defendants) Motion for a Directed Verdict was based on two stated reasons: first, because third-party plaintiff (hereinafter plaintiff) "failed to present any evidence of actionable negligence on the part of the third-party defendants" and, second, because plaintiff "failed to present any evidence of the extinguishment of the claim of the [original] plaintiff, Janice King, against the third-party defendants as required...

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