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WICKER v. HOLLAND

No. COA97-264.

495 S.E.2d 398 (1998)

Ruth P. WICKER, Plaintiff, v. Kenneth W. HOLLAND, Gail M. Holland and George Sipsis, Defendants. Kenneth W. HOLLAND and Gail M. Holland, Third-Party Plaintiffs, v. BOLES PAVING INCORPORATED d/b/a Sedgefield Paving, Third-Party Defendant.

Court of Appeals of North Carolina.

February 3, 1998.

Attorney(s) appearing for the Case

Greeson, Griffin & Associates by Harold F. Greeson and George Podgorny, Jr., Greensboro, for plaintiff-appellant.

Pinto, Coates & Kyre, L.L.P. by Paul D. Coates and William L. Hill, Greensboro, for defendants-appellees Kenneth W. Holland and Gail M. Holland.

Douglas E. Wright, Greensboro, for defendant-appellee George Sipsis.

Teague, Rotenstreich & Stanaland by Michael D. Holt and Ian J. Drake, Greensboro, for third-party defendant-appellee Boles Paving.

WYNN, Judge.

N.C.Gen.Stat. § 1A-1, Rule 15(c) provides:

A claim asserted in an amended pleading is deemed to have been interposed at the time the claim in the original pleading was interposed, unless the original pleading does not give notice of the transactions, occurrences, or series of transactions or occurrences, to be proved pursuant to the amended pleading.

In this case, plaintiff Ruth P. Wicker argues that Rule 15 permits her to amend...

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