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BAILEY v. HANDEE HUGO'S, INC.

No. COA05-13.

620 S.E.2d 312 (2005)

Richard W. BAILEY, Plaintiff, v. HANDEE HUGO'S, INC., and Sampson-Bladen Oil Company, Incorporated, Defendants.

Court of Appeals of North Carolina.

October 18, 2005.

Attorney(s) appearing for the Case

Bailey & Dixon, L.L.P., by Gary S. Parsons, Donald T. O'Toole, Raleigh; and Kirk, Kirk, Howell, Cutler & Thomas, L.L.P., by Philip G. Kirk, Wendell, for plaintiff appellant.

Maupin Taylor, P.A., by Elizabeth D. Scott and Jonathan R. Bumgarner, Raleigh, for defendant appellees.

McCULLOUGH, Judge.

Richard W. Bailey (plaintiff) appeals from order denying his motion to amend to add a new party, dismissing for failure to join a necessary party pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(7) (2003) and pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6). We affirm.

Facts

Bailey alleged that he was injured in a slip and fall at the Handee Hugo's, Inc. (Handee Hugo's...

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