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O'NEAL v. MURRAY

No. 9114DC128.

411 S.E.2d 628 (1992)

105 N.C. App. 102

Robert R. O'NEAL, Plaintiff-Appellee, v. Henry Archie MURRAY, Defendant and Third-Party Plaintiff-Appellant, v. The KEY COMPANY, a North Carolina Corporation, Third-Party Defendant-Appellee.

Court of Appeals of North Carolina.

January 7, 1992.

Attorney(s) appearing for the Case

Eugene C. Brooks, III, Durham, for plaintiff-appellee.

Newsom, Graham, Hedrick, Bryson & Kennon by Emerson M. Thompson, III, Durham, for defendant and third-party plaintiff-appellant.

Moore & Van Allen by David E. Fox and Kevin M. Capalbo, Durham, for third-party defendant-appellee.

WALKER, Judge.

Robert R. O'Neal (plaintiff) instituted this action against Henry Archie Murray (defendant) on 8 August 1989 alleging breach of contract and damages in the amount of $31,970.85. Defendant filed an answer on 17 October 1989 denying plaintiff's allegations and asserted a third-party action against The Key Company (Key). Key answered the third-party complaint on 4 October 1990. On 26 October 1989, plaintiff served interrogatories on defendant through defendant...

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