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MONK v. COWAN TRANSPORTATION, INC.

No. 120PA96.

480 S.E.2d 50 (1997)

Eva Mae MONK, Plaintiff, v. COWAN TRANSPORTATION, INC., Ty Pruitt Division, and James Atwood McCain, Defendants. and COWAN TRANSPORTATION, INC. and James Atwood McCain, Third-Party Plaintiffs, v. PAULETTE HERMAN CHURCH, Administratrix of the Estate of Charles Keith Herman, Third-Party Defendant.

Supreme Court of North Carolina.

February 10, 1997.

Attorney(s) appearing for the Case

Pulley, Watson, King & Lischer, PA. by Richard N. Watson, Julie Cheek Woodmansee and Stella A. Boswell, Durham, for plaintiff-appellee.

Kennedy Covington Lobdell & Hickman, L.L.P. by F. Fincher Jarrell, Charlotte, for defendants-appellants.

PER CURIAM.

The Court agrees with the holding of the opinion of the Court of Appeals that the judgment of the trial court should be reversed and the cause remanded for trial on the merits. However, we specifically disavow the language in the Court of Appeals' opinion holding that no genuine issue of material fact exists as to the actual ownership of the vehicle.

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