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MURPHY v. GLAFENHEIN

No. 9224SC698.

431 S.E.2d 241 (1993)

110 N.C. App. 830

Robert D. MURPHY v. Sylvia J. GLAFENHEIN, Executrix of the Estate of Herbert Otto Glafenhein, Sr., Deceased; and Bernstein Hurst d/b/a Hurst Trailers; and Gene Manning d/b/a Manning Tractor, Truck and Equipment.

Court of Appeals of North Carolina.

July 6, 1993.

Attorney(s) appearing for the Case

Joseph A. Ferikes, Asheville, for plaintiff-appellee.

Adams Kleemeier Hagan Hannah & Fouts by Larry I. Moore, III, and Edward L. Bleynat, Jr., Greensboro, for defendant-appellee Sylvia J. Glafenhein, Executrix of the Estate of Herbert Otto Glafenhein, Sr., Deceased.

Blue, Fellerath, Cloninger & Barbour, P.A. by John C. Cloninger and John C. Hensley, Jr., Asheville, for defendant-appellant Gene Manning d/b/a Manning Tractor, Truck and Equipment.

GREENE, Judge.

Defendant Gene Manning d/b/a Manning Tractor, Truck and Equipment (Manning) appeals from an order filed on 23 March 1992, denying Manning's motions to dismiss plaintiff's complaint and defendant Sylvia J. Glafenhein's cross-claims on the grounds of lack of in personam jurisdiction and failure to state a claim upon which relief can be granted.

The facts pertinent to this appeal are as follows: On 10 July 1989, Herbert Glafenhein (Mr. Glafenhein...

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