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PONDER v. PONDER

No. 7624DC519.

230 S.E.2d 786 (1977)

Zeno H. PONDER, Sr. v. Nina Lou Rustin PONDER.

Court of Appeals of North Carolina.

January 5, 1977.

Attorney(s) appearing for the Case

Ronald W. Howell, Marshall, for plaintiff appellant.

Morris, Golding, Blue & Phillips, by William C. Morris, Jr., Asheville, for defendant appellee.

MORRIS, Judge.

Plaintiff assigns as error the court's allowing defendant's motion for dismissal pursuant to Rule 41(b) of the Rules of Civil Procedure made at the close of plaintiff's evidence. This is his only assignment of error argued on appeal.

Rule 41(b) provides that

". . . After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence...

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