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BOOMER v. CARAWAY

No. 596PA94.

463 S.E.2d 230 (1995)

342 N.C. 186

Gertie Mae BOOMER, Administratrix of the Estate of Joyce Boomer Forbes, deceased, v. Sherwood Watson CARAWAY.

Supreme Court of North Carolina.

November 3, 1995.

Attorney(s) appearing for the Case

Law Offices of Grover C. McCain, Jr. by Grover C. McCain, Jr. and Glenn C. Veit, Chapel Hill, for plaintiff-appellant.

Dunn, Dunn & Stoller by David A. Stoller and Andrew D. Jones, New Bern, for defendant-appellee.

PER CURIAM.

In affirming summary judgment for the defendant, the Court of Appeals said that it could not find defendant was estopped from asserting the statute of limitation defense "[w]ithout evidence that defendant had an affirmative duty to seek judicial approval of the settlement." Boomer v. Caraway, 116 N.C. App. 723, 726, 449 S.E.2d 215, 218 (1994). We disavow this language to the...

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