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STATE FARM MUT. AUTO. INS. CO. v. BRANCH

No. 933SC202.

441 S.E.2d 586 (1994)

114 N.C. App. 234

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. Major Kenneth BRANCH; Don Whitehurst Pontiac, Buick and GMC, Inc. d/b/a American Truck and Auto Leasing; and Universal Underwriters Insurance Company, Defendants-Appellants.

Court of Appeals of North Carolina.

April 5, 1994.

Attorney(s) appearing for the Case

Speight, Watson, Brewer & Stanley, by William C. Brewer, Jr. and Sara Beth Fulford Rhodes, Greenville, for plaintiff-appellee.

Wallace, Morris, Barwick & Rochelle, P.A., by Edwin M. Braswell, Jr., Kinston, for defendants-appellants Don Whitehurst Pontiac, Buick and GMC, Inc. d/b/a American Truck and Auto Leasing.

Gaylord, Singleton, McNally, Strickland & Snyder, by Danny D. McNally, Greenville, for defendant-appellant Major Kenneth Branch.

JOHNSON, Judge.

On 11 August 1988, defendant Major Kenneth Branch (Branch) entered into a Lease Agreement with defendant Whitehurst Pontiac, Buick and GMC, Inc. d/b/a American Truck and Auto Leasing (American) for the lease of a 1986 Mercedes Benz owned by American. The lease agreement was for a period of 11 months and required the payment of $562.72 per month.

Upon the expiration of the lease in July 1989, Branch continued to possess and operate the Mercedes...

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