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von HAGEL v. BLUE CROSS & BLUE SHIELD

No. 8810SC64.

370 S.E.2d 695 (1988)

Paul L. von HAGEL, Administrator of the estate of the late Hedy Mary von Hagel, Deceased, and Paul L. von Hagel, Individually v. BLUE CROSS AND BLUE SHIELD OF NORTH CAROLINA.

Court of Appeals of North Carolina.

August 2, 1988.

Attorney(s) appearing for the Case

Brenton D. Adams, Raleigh, for plaintiff-appellant.

W. Brian Howell, Raleigh, for defendant-appellee.

SMITH, Judge.

Initially, we note that the record before us was settled by court order pursuant to App.R. 11(c). This order was signed by Superior Court Judge Donald Stephens. G.S. 1-283 provides:

[O]nly the judge of superior court or of district court from whose order ... an appeal has been taken is empowered to settle the record on appeal when judicial settlement is required.... Proceedings for judicial settlement when the judge empowered ... to settle the...

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