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COLUMBUS CTY. AUTO AUCTION v. AYCOCK AUCTION

No. 8710SC762.

368 S.E.2d 888 (1988)

COLUMBUS COUNTY AUTO AUCTION, INC., Plaintiff, Thompson Cadillac-Oldsmobile, Inc., Intervenor Plaintiff, v. AYCOCK AUCTION COMPANY, INC., d/b/a Aycock Auto Auction, Silk Hope Automotive, Inc., Clinton McLaurin, D. Wayne Hood, d/b/a Hood's Used Cars, R.E. Dowdy and William S. Hiatt, and the North Carolina Division of Motor Vehicles, Defendants and North Carolina Department of Transportation, Third Party Defendants.

Court of Appeals of North Carolina.

June 7, 1988.

Attorney(s) appearing for the Case

L. Austin Stevens, Smithfield, for appellant Aycock Auction Co., Inc., d/b/a Aycock Auto Auction.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Jane P. Gray and Asst. Atty. Gen. Mabel Y. Bullock, Raleigh, for appellees William S. Hiatt, North Carolina Div. of Motor Vehicles and North Carolina Dept. of Transp.

JOHNSON, Judge.

There is only one issue for this Court to decide: whether the trial court erred in dismissing appellant's crossclaim against William S. Hiatt, Commissioner of Motor Vehicles and the North Carolina Division of Motor Vehicles (DMV), and its third-party complaint against the North Carolina Department of Transportation (DOT).

On 26 September 1986, the plaintiff, Columbus County Auto Auction, Inc. (Columbus), filed its original complaint against...

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