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HURLEY v. MILLER

No. 136A94.

453 S.E.2d 861 (1995)

339 N.C. 601

Robert L. HURLEY, Individually and as Administrator of the Estate of Barbara Poole Hurley, deceased v. Kevin Wayne MILLER, and Harvey Lee Smith, Jr., and wife, Kelly Boger Smith, d/b/a HLS Trucking, and HLS Trucking, Inc.

Supreme Court of North Carolina.

February 10, 1995.

Attorney(s) appearing for the Case

Wallace and Whitley by Michael Doran, Salisbury, for plaintiff-appellee.

Wishart, Norris, Henninger & Pittman, PA by Kenneth R. Raynor, Charlotte, for defendant-appellants.

PER CURIAM.

For the reasons stated in the dissenting opinion of Judge Cozort, the decision of the Court of Appeals is reversed. The case is remanded to the Court of Appeals for further remand to the Superior Court, Cabarrus County for reinstatement of the trial court's judgment.

REVERSED AND REMANDED.

ORR, J., did not participate in the consideration or decision...

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