The decision of the Court of Appeals is vacated, and the case is remanded for further consideration in light of the authority of Nationwide Mut. Ins. Co. v. Mabe, 342 N.C. 482, 467 S.E.2d 34 (1996).
VACATED AND REMANDED.
Eury v. Nationwide Mutual Insurance, 342 N.C. 645 (1996)
Feb. 9, 1996
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Supreme Court of North Carolina
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No. 535PA94
342 N.C. 645
RUTH A. EURY v. NATIONWIDE MUTUAL INSURANCE COMPANY
No. 535PA94
(Filed 9 February 1996)
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous, unpublished decision of the Court of Appeals, 116 N.C. App. 490, 448 S.E.2d 389 (1994), affirming an order entered by Helms, J., on 19 August 1993, in Superior Court, Union County. Pursuant-to Rule 30(f)(1) of the North Carolina Rules of Appellate Procedure, this case was reviewed without oral argument.
Smith, Follín & James, L.L.P., by J. David James, for plaintiffappellee.
Baucom, Claytor, Benton, Morgan, Wood & White, P.A., by Rex C. Morgan, for defendant-appellant.