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SMALL v. SMALL

Nos. 8826DC441, 8826DC442.

379 S.E.2d 273 (1989)

Shelby H. SMALL, Plaintiff, v. Albert B. SMALL, Defendant. Albert B. SMALL, Plaintiff, v. Shelby H. SMALL, Defendant and Third Party Plaintiff, v. ALJO ENTERPRISES, INC., Third Party Defendant.

Court of Appeals of North Carolina.

May 16, 1989.

Attorney(s) appearing for the Case

William G. Robinson, Charlotte, for plaintiff-third party defendant-appellee.

Palmer, Miller, Campbell & Martin, P.A. by Joe T. Millsaps, Charlotte, for defendant-third party plaintiff-appellant.

GREENE, Judge.

This appeal arises from a suit for divorce by Albert Small ("plaintiff") against his wife ("defendant") and defendant's counterclaim for equitable distribution and alimony. In her counterclaim, defendant also sued a third-party defendant, Aljo Enterprises, Inc. ("Aljo"), a corporation wholly owned by plaintiff. The evidence before the district court tends to show the following: plaintiff and defendant married on 11 May 1978. Plaintiff had previously...

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