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HUNTER v. KENNEDY

No. COA96-1399.

493 S.E.2d 327 (1997)

Valerie L. HUNTER and Terry Hunter, Plaintiffs, v. Kenneth Ray KENNEDY, Defendant and Third Party Plaintiff, v. Harold Eugene WILKES and Advanced Coffee Systems, Inc., Third Party Defendants.

Court of Appeals of North Carolina.

December 2, 1997.

Attorney(s) appearing for the Case

Walter L. Horton, Jr. and David K. Williams, Jr., Raleigh, for unnamed defendant-appellant Integon Indemnity Corporation.

Smith & Holmes, P.C. by Robert P. Holmes, Raleigh, for third party defendants-appellees Harold Eugene Wilkes and Advanced Coffee Systems, Inc.

GREENE, Judge.

Unnamed defendant and third party plaintiff, Integon Indemnity Corporation (Integon), appeals from the trial court's order granting the third party defendants', Harold Wilkes (Wilkes) and Advanced Coffee Systems (ACS), motion to dismiss the third party complaint.

The facts are as follows: On 27 October 1988, Valerie L. Hunter (Hunter) was in a motor vehicle accident with Kenneth R. Kennedy (Kennedy) who was driving an uninsured vehicle. Hunter...

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