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CHESHIRE v. BENSEN AIRCRAFT CORPORATION

No. 7210SC668.

193 S.E.2d 362 (1972)

17 N.C. App. 74

Joseph B. CHESHIRE, Jr., Ancillary Administrator of the Estate of Wendell Eugene Malin, Jr., Deceased, v. BENSEN AIRCRAFT CORPORATION, a North Carolina Corporation, and Igor B. Bensen.

Court of Appeals of North Carolina.

December 20, 1972.

Attorney(s) appearing for the Case

Harris, Poe, Cheshire & Leager, by Charles A. Poe, Raleigh, and Paulson & Humphreys, by Richard S. Paulson, Washington, D. C., for plaintiff appellant.

Smith, Anderson, Blount & Mitchell, by James D. Blount, Jr., and Samuel G. Thompson, Raleigh, for defendant appellees.

Purrington & Purrington, by A. L. Purrington, Jr., Raleigh, for defendant appellee Igor B. Bensen.

MORRIS, Judge.

Defendants based their motion to dismiss on G.S. § 1A-1, Rule 41(d) which provides:

"(d) Costs.—A plaintiff who dismisses an action or claim under section (a) of this rule shall be taxed with the costs of the action unless the action was brought in forma pauperis. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant before the payment...

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