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ANDERSON TRUCKING v. KEY WAY TRANSPORT

No. 8814SC768.

379 S.E.2d 665 (1989)

ANDERSON TRUCKING SERVICE, INC. v. KEY WAY TRANSPORT, INC.

Court of Appeals of North Carolina.

June 6, 1989.

Attorney(s) appearing for the Case

Newsom, Graham, Hedrick, Bryson, & Kennon by Charles F. Carpenter, Durham, for plaintiff-appellee.

Spears, Barnes, Baker, Hoof, & Wainio by Robert F. Baker, Durham, for defendant-appellant.

BECTON, Judge.

Defendant Key Way Transport, Inc. ("Key Way") appeals from denial of its motion to set aside a $309,926 default judgment entered in favor of plaintiff Anderson Trucking Service, Inc. ("Anderson Trucking"). The trial judge denied relief from the default judgment on the ground that Key Way's failure to appear in the action was due to its own "inexcusable neglect," namely, (1) maintaining for several years a registered agent for service of process who...

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