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HERNDON v. BARRETT

No. 8927SC1397.

400 S.E.2d 767 (1991)

101 N.C. App. 636

Lynda S. HERNDON, Plaintiff, v. Acting Chief Jackie BARRETT; Captain Bob Hayes; Sergeant James Camp and the City of Kings Mountain, a municipal corporation, Defendants and Third-Party Plaintiffs, v. Don JOHNSON and Grayton Bollinger, Third-Party Defendants.

Court of Appeals of North Carolina.

February 19, 1991.

Attorney(s) appearing for the Case

Horn, West & Horn, P.A. by C.A. Horn, Shelby, for plaintiff-appellee.

Malcolm B. McSpadden, Gastonia, for third-party defendant-appellee, Grayton Bollinger.

Sumrell, Sugg, Carmichael & Ashton, P.A. by James R. Sugg and Rudolph A. Ashton, III, New Bern, for defendants-appellants Acting Chief Jackie Barrett, Captain Bob Hayes, Sergeant James Camp and the City of Kings Mountain.

Corry, Cerwin & Coleman by Clayward C. Corry, Jr., Kings Mountain, for defendant-appellant City of Kings Mountain.

EAGLES, Judge.

At the outset, we note that "G.S. 1-277, in effect, provides that no appeal lies to an appellate court from an interlocutory order or ruling of the trial judge unless such ruling or order deprives the appellant of a substantial right which he would lose if the ruling or order is not reviewed before final judgment." Pruitt v. Williams, 288 N.C. 368, 371, 218 S.E.2d 348...

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