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SIMS v. OAKWOOD TRAILER SALES CORPORATION

No. 7310SC497.

198 S.E.2d 73 (1973)

18 N.C. App. 726

W. M. SIMS and wife, Carol C. Sims, Plaintiff, v. OAKWOOD TRAILER SALES CORPORATION, Defendant and Third Party Plaintiff, v. VIRGINIA HOMES MANUFACTURING CORPORATION, Third Party Defendant.

Court of Appeals of North Carolina.

Certiorari Denied August 31, 1973.

Attorney(s) appearing for the Case

James M. Kimzey, Raleigh, for plaintiff appellants.

Teague, Johnson, Patterson, Dilthey & Clay, by Robert W. Sumner, Raleigh, for defendant and third party plaintiff appellee.

Bailey, Dixon, Wooten & McDonald, by Wright T. Dixon, Jr., and John N. Fountain, Raleigh, for third party defendant appellee.

Certiorari Denied by Supreme Court August 31, 1973.

MORRIS, Judge.

G.S. § 1A-1, Rule 41(d) of the North Carolina Rules of Civil Procedure provides as follows:

"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...

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