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KINSTON TOBACCO BOARD OF TR. v. LIGGETT & MYERS T. CO.

No. 382.

71 S.E.2d 21 (1952)

235 N.C. 737

KINSTON TOBACCO BOARD OF TRADE, Inc., et al. v. LIGGETT & MYERS TOBACCO CO. et al.

Supreme Court of North Carolina.

June 11, 1952.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, and John G. Dawson, Kinston, for plaintiff appellees.

Fuller, Reade, Umstead & Fuller, Durham, F. L. Fuller, Jr., Durham, of counsel, for defendant appellant Liggett & Myers Tobacco Co.

Victor S. Bryant, Durham, Robert I. Lipton, Ralph N. Strayhorn, and Victor S. Bryant, Jr., Durham, of counsel, for defendant appellant American Suppliers, Inc.

Lucas & Rand, and Z. Hardy Rose, Wilson, for defendant appellant Imperial Tobacco Co. (of Great Britain & Ireland) Limited.

Albion Dunn, Greenville, for defendant appellants Export Leaf Tobacco Co. and Kinston Tobacco Co., Inc.

Harrison M. Robertson, Raleigh, of counsel, for defendant appellant Export Leaf Tobacco Co.

James Mullen, Gastonia, of counsel, for defendant appellant Kinston Tobacco Co., Inc.

VALENTINE, Justice.

The primary relief sought in this action is a mandatory injunction requiring the defendants to comply with the rules promulgated by the corporate plaintiff and its resolution of 24 September 1951. This raises two questions: (1) Does a mandatory injunction lie, under the facts in this case? (2) Is the Kinston Tobacco Board of Trade, Inc., authorized by law to establish a fifth sale on the Kinston market and require that each of the defendants assign...

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