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All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.

JAYE DAY, Plaintiff, v. TIMOTHY A. NORDGREN, Executor of the Estate of EDMUND A. RASMUSSEN, Defendant

NO. COA05-1317

Filed: 6 June 2006

No headnotes.

    Appeal by plaintiff from an order entered 13 June 2005 by Judge James C. Spencer, Jr., in Wake County Superior Court. Heard in the Court of Appeals 20 April 2006.

    Randolph M. James, P.C., by Randolph M. James, for plaintiff appellant.

    Brady, Nordgren, Morton & Malone, PLLC, by Travis K. Morton, for defendant appellee.

    MCCULLOUGH, Judge.

    Plaintiff Day filed a companion case in Wake County Superior Court and has appealed therefrom in which the facts and legal issues are identical, with the only difference being the named defendants. Therefore, the decision of Day v. Rasmussen, 177 N.C. App. ___, ___ S.E.2d ___ (filed 6 June 2006), is controlling in the instant case, and we therefore
    Affirm.
    Judges CALABRIA and STEELMAN concur.
    

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