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McLAUGHLIN v. MARTIN

No. 8812SC288.

374 S.E.2d 455 (1988)

92 N.C. App. 368

Tracy McLAUGHLIN and husband, Keith McLaughlin, Plaintiffs, v. Craig Alexander MARTIN, Thomas Joseph Shea, City of Fayetteville, North Carolina Interlocal Risk Financing Fund, and Unigard Insurance Company, Defendants.

Court of Appeals of North Carolina.

December 20, 1988.

Attorney(s) appearing for the Case

Harris, Sweeny & Mitchell by Charles E. Sweeny, Jr., Ronnie M. Mitchell, and W. Trent Fox, Jr., Fayetteville, for plaintiffs-appellees.

Womble Carlyle Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, for defendant-appellant Interlocal Risk Financing Fund of North Carolina.

Russ, Worth, Cheatwood, Guthrie & Trehy by Walker Y. Worth, Jr., Fayetteville, for defendant-appellee City of Fayetteville.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Theodore B. Smyth, Raleigh, for defendant-appellee Unigard Ins. Co.

PHILLIPS, Judge.

Though the record does not show it, plaintiffs purportedly have another action pending in which they seek to obtain judgment against the individual defendants for negligently injuring Tracy McLaughlin in a collision between their car and a vehicle owned by defendant City that she was operating. In this declaratory judgment action, plaintiffs allege that the individual defendants were uninsured motorists and they seek a judgment declaring the status...

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