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AUSTIN v. MIDGETT

No. COA02-1127-2.

603 S.E.2d 855 (2004)

Medford L. AUSTIN, Administrator of the Estate of Medford Jerome Austin, Deceased, Plaintiff, v. Richard Aaron MIDGETT and Theodore Stockton Midgett, Jr., Defendants.

Court of Appeals of North Carolina.

November 2, 2004.

Attorney(s) appearing for the Case

Law Offices of Johnny S. Gaskins, by Johnny S. Gaskins, Raleigh, for plaintiff-appellee.

Bennett & Guthrie, P.L.L.C., by Rodney A. Guthrie, Winston-Salem, for unnamed defendant-appellant, Integon National Insurance Company.

STEELMAN, Judge.

This matter was previously heard by the Court of Appeals on 14 May 2003, and a decision was rendered in Austin v. Midgett, 159 N.C. App. 416, 583 S.E.2d 405 (2003). On 23 September 2003, pursuant to Rule 31 of the North Carolina Rules of Appellate Procedure, this Court granted the petition of the unnamed defendant, Integon National Insurance Company (Integon), for rehearing. This Court granted the petition...

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