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WILMAR, INCORPORATED v. LILES

No. 7126SC620.

185 S.E.2d 278 (1971)

13 N.C. App. 71

WILMAR, INCORPORATED v. Leo Vander LILES. WILMAR, INCORPORATED v. O. T. POLK, Jr.

Court of Appeals of North Carolina.

Certiorari Denied January 28, 1972.

Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston, by Mark R. Bernstein, Sydnor Thompson and W. Samuel Woodard, Charlotte, for plaintiff appellee.

McElwee & Hall, by John E. Hall, and W. G. Mitchell, North Wilkesboro, for defendant appellants.

Certiorari Denied by Supreme Court January 28, 1972.

BRITT, Judge.

Did the trial court err in entering the temporary injunction appealed from? We hold that it did.

By seeking to have defendants enjoined from certain acts, plaintiff asks the court to exercise its equitable jurisdiction. While under our present system the same court grants legal as well as equitable relief, this does not allow a party the option to demand either at his will; equitable...

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