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FIDELITY BANK v. GARNER

No. 8020SC591.

277 S.E.2d 811 (1981)

The FIDELITY BANK, a North Carolina Banking Corporation, Plaintiff, v. Arnold GARNER, Defendant and Third Party Plaintiff, v. Donald Mack BLUE, Vernon G. Blue, and Vermac Construction Company, a North Carolina Corporation of Moore County, Third Party Defendant.

Court of Appeals of North Carolina.

May 19, 1981.

Attorney(s) appearing for the Case

Thigpen & Evans by John B. Evans, Southern Pines, for plaintiff.

Smith & Gibson by Dock G. Smith, Jr. and Millicent Gibson, Robbins, for defendant and third party plaintiff.

MORRIS, Chief Judge.

During the course of the trial of this matter plaintiff called Ernest Whitley, Jr. as a witness. Whitley was an employee of plaintiff at the time the loan was negotiated. Whitley, representing plaintiff, entered into negotiations in January of 1975 with defendant with regard to the loan to Vermac Construction Company, hereinafter Vermac. Whitley testified as to the origin and significance of plaintiff's Exhibit No. 13 which consisted of lists...

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