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BUCHANAN v. ATLANTIC INDEMNITY CO.

No. COA93-1241.

469 S.E.2d 598 (1996)

122 N.C. App. 393

Mark Jonathan BUCHANAN, Plaintiff-Appellant v. ATLANTIC INDEMNITY COMPANY, Defendant-Appellee.

Court of Appeals of North Carolina.

May 7, 1996.

Attorney(s) appearing for the Case

Ball, Barden, Contrivo & Bell, P.A. by Ervin L. Ball, Jr., Asheville, for plaintiff-appellant.

Steven D. Cogburn and Wyatt S. Stevens, Asheville, for defendant-appellee.

JOHNSON, Judge.

On 18 October 1994, this Court issued an opinion reversing summary judgment for the defendant in a declaratory judgment action. Buchanan v. Atlantic Indemnity, 116 N.C. App. 735, 450 S.E.2d 355 (1994)(unpublished). On 9 February 1996, our Supreme Court vacated our opinion and directed that we reconsider it in light of Nationwide Mutual Ins. Co. v. Mabe, 342 N.C. 482, 467 S.E.2d 34

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