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COLLINS v. FREELAND

No. 7122SC504.

183 S.E.2d 831 (1971)

12 N.C. App. 560

A. D. COLLINS et al. v. Frank FREELAND and wife, et al.

Court of Appeals of North Carolina.

October 20, 1971.

Attorney(s) appearing for the Case

Collier, Harris & Homesley by Richard M. Pearman, Jr., Statesville, for plaintiffs.

Pope, McMillan & Bender by Harold J. Bender, Statesville, for defendants.

BROCK, Judge.

Defendants bring forward three assignments of error. They challenge the denial by the trial judge of three motions made by defendants. The record on appeal discloses that at the close of plaintiffs' evidence defendants made three motions as follows:

(1) "* * * to dismiss the action on the grounds that the plaintiffs failed to move for a preliminary injunction as required by Rule 65(b)."

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