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STATE v. DAGENHARDT

No. 398.

134 S.E.2d 361 (1964)

261 N.C. 281

STATE of North Carolina on Relation of the NORTH CAROLINA MILK COMMISSION v. Dossie S. DAGENHARDT and Curlee L. Dagenhardt, t/a Food Land Grocery Store.

Supreme Court of North Carolina.

January 31, 1964.

Attorney(s) appearing for the Case

Hayes & Hayes by James M. Hayes, Jr., Winston-Salem, for defendant appellants.

Holding, Harris, Poe & Cheshire, by Charles Aycock Poe, Raleigh, and Womble, Carlyle, Sandridge & Rice, by William F. Womble, Winston-Salem, for plaintiff appellee.

PARKER, Justice.

Defendants assign as error the court's finding of fact to the effect that defendants' sales of milk on the dates specified in its order below cost was for the purpose of injuring, harassing or destroying competition with other retail grocers in Winston-Salem and its vicinity.

G.S. § 106-266.21 provides in relevant part: "The sale of milk by any * * * retailer below cost for the purpose of injuring, harassing or destroying competition...

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