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MAFFEI v. ALERT CABLE TV OF NORTH CAROLINA, INC.

No. 8415SC1316.

331 S.E.2d 188 (1985)

Sam MAFFEI, and all persons similarly situated v. ALERT CABLE TV OF NORTH CAROLINA, INC.

Court of Appeals of North Carolina.

July 2, 1985.

Attorney(s) appearing for the Case

Coleman, Bernholz, Dickerson, Bernholz, Gledhill & Hargrave by Martin J. Bernholz and G. Nicholas Herman, Chapel Hill, for plaintiff.

Smith, Moore, Smith, Schell & Hunter by Richard W. Ellis, James L. Gale and Robert H. Slater, Raleigh, for defendant.

WELLS, Judge.

The parties do not address the issue, but we first must decide whether this appeal is properly before this court. In re Watson, 70 N.C. App. 120, 318 S.E.2d 544 (1984), disc. rev. denied, 313 N.C. 330, 327 S.E.2d 900 (1985). An order purporting to fix what the rule of damages will be at trial is indeterminate and not immediately appealable. Realty, Inc. v. City of...

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