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AIKENS v. LUDLUM

No. 9210SC1304.

440 S.E.2d 319 (1994)

113 N.C. App. 823

Alice Jeanette AIKENS, Plaintiff, v. Monica Hobby LUDLUM and Henry Bruce Ludlum, III, Defendants.

Court of Appeals of North Carolina.

March 1, 1994.

Attorney(s) appearing for the Case

E. Gregory Stott, Raleigh, for plaintiff.

David S. Coats, Bailey & Dixon, Raleigh, for defendants.

LEWIS, Judge.

By this appeal we are asked to interpret the provisions of an Offer of Judgment made pursuant to Rule 68 of the North Carolina Rules of Civil Procedure. There is no dispute between the parties as to the underlying facts, only as to the effect of defendants' Offer of Judgment. On 15 October 1992, defendants served plaintiff with an Offer of Judgment which stated:

Defendants, pursuant to G.S. § 1A-1, Rule 68, more than ten days before trial...

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