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BLAKE v. NORMAN

No. 775SC795.

247 S.E.2d 256 (1978)

37 N.C. App. 617

Ruth P. BLAKE (widow), Hester Ann Blake, William F. Blake and wife, Sarah P. Blake, Clifton A. Blake and wife, Elsie R. Blake, Stephen G. Blake and wife, Exie Lee L. Blake, Mary Blake Witmer (widow), Lyda Blake Morrison and husband, Howard A. Morrison, Jr., and Betty Blake Tuck and husband, Frank S. Tuck v. Edna Bishop NORMAN and husband, Paul Norman, L. W. Bishop and wife, Mrs. L. W. Bishop, O. H. Bishop, Jr. and wife, Mrs. O. H. Bishop, Jr., Kathleen Guthrie Horrell and husband, ___ Horrell, Marie Guthrie Kistler and husband, ___ Kistler, Ann Elizabeth Guthrie and John Haywood Guthrie, Heirs of Leola Bishop Guthrie, Deceased, L. W. Everett (widower), Norman Batts, Thelma Batts, Martha B. Casey and husband, S. W. Casey, and Margaret Blake Pollock and husband, James Pollock, Leon Gilbert Thomas, Jr. and wife, Priscilla Croom Thomas, A. A. Canoutas, Trustee, Edward E. Worrell and wife, Catherine M. Worrell, Mortgagees.

Court of Appeals of North Carolina.

August 29, 1978.

Attorney(s) appearing for the Case

Rountree & Newton by Kenneth A. Shanklin, Wilmington, and Gary E. Trawick, Burgan, for plaintiffs-appellees.

Corbett & Fisler by Leon H. Corbett, Robert Hugh Corbett and Leon H. Corbett, Jr., Burgaw, Marshall, Williams, Gorham & Brawley by Lonnie B. Williams, Wilmington, for defendants-appellants.

CLARK, Judge.

Defendants' plea that the Batson and Cutts cases are res judicata and a bar to plaintiffs' claim requires an examination of these cases, which were introduced in evidence at the hearing on defendants' plea. See Batson v. Bell, 249 N.C. 718, 107 S.E.2d 562 (1959), and Cutts v. Casey, 271 N.C. 165, 155...

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