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FURR v. NOLAND

No. 9026SC1167.

404 S.E.2d 885 (1991)

Steven Richard FURR, Plaintiff, v. Jan Bruce NOLAND and James S. Noland, Defendants.

Court of Appeals of North Carolina.

Decided June 18, 1991.

Attorney(s) appearing for the Case

Karro, Sellers, Langson and Gorelick by Seth H. Langson, Charlotte, for plaintiff.

Golding, Meekins, Holden, Cosper and Stiles by Terry D. Horne, Charlotte, for defendants.

McClure and Contrivo, P.A. by Frank J. Contrivo, Asheville, for Allstate Ins. Co.

Parker, Poe, Adams and Bernstein by David N. Allen, Charlotte, for Mich. Mut. Ins. Co.

COZORT, Judge.

The sole issue presented on appeal is whether plaintiff may maintain this action on a claim which was a compulsory counterclaim in a prior lawsuit and on which plaintiff took a voluntary dismissal. We hold that N.C.Gen.Stat. § 1A-1, Rule 13(a) (1990) controls, and we affirm the trial court's dismissal of the present action.

On 25 June 1986, Steven Furr was operating a truck which collided into a truck operated by Jan Noland. The truck operated...

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