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BYNUM v. FREDRICKSON MOTOR EXP. CORP.

No. 9227SC905.

434 S.E.2d 241 (1993)

Elton H. BYNUM, Plaintiff, v. FREDRICKSON MOTOR EXPRESS CORPORATION, Defendant.

Court of Appeals of North Carolina.

September 21, 1993.

Attorney(s) appearing for the Case

Don H. Bumgardner and William K. Goldfarb, Gastonia, for plaintiff-appellant.

Jones, Hewson & Woolard, by R.G. Spratt, III and Harry C. Hewson, Charlotte, and Constangy, Brooks & Smith, by John J. Doyle, Jr., Winston-Salem, for defendant-appellee.

WELLS, Judge.

The trial court granted defendant's motion to set aside the default judgment pursuant to N.C.Gen.Stat. § 1A-1, Rule 60(b) of the Rules of Civil Procedure, on the grounds of excusable neglect. The question of subject matter jurisdiction was presented to but not ruled upon by the trial court. Defendant argues in his brief that the trial court lacked subject matter jurisdiction because plaintiff's exclusive...

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