Court of Appeals of North Carolina November 6, 1979, 7827SC1086 (Textile Fabricators, Inc. v. C. R. C. Industries, Inc.)

ARNOLD, Judge.

We reject defendant’s position that the trial court erred in striking its counterclaim wherein it alleged that plaintiff obtained judgment based on false testimony at the original trial in federal court.

Defendant’s counterclaim in the case at bar is an independent action based upon allegations amounting to fraud.