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DURHAM v. HALE

No. 33A91.

403 S.E.2d 503 (1991)

328 N.C. 728

Estella DURHAM v. Joseph E. HALE and wife, Robbie M. Hale.

Supreme Court of North Carolina.

May 2, 1991.

Attorney(s) appearing for the Case

Downing & David by Harold D. Downing, Fayetteville, for plaintiff-appellee.

Barrington, Herndon & Raisig, P.A. by Carl A. Barrington, Jr., and Paul A. Raisig, Jr., Fayetteville, for defendant-appellants.

PER CURIAM.

The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion of Wynn, J. The case is remanded to the Court of Appeals for further remand to the Superior Court, Cumberland County, with instructions to vacate the judgment entered by the trial court and to enter a judgment consistent with this opinion.

REVERSED...

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