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GREEN v. EURE

No. 7310SC324.

197 S.E.2d 599 (1973)

18 N.C. App. 671

Walter G. GREEN v. Thad EURE, as Secretary of State.

Court of Appeals of North Carolina.

July 11, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Howard A. Kramer, Raleigh, for the State, defendant appellee.

Walter G. Green, in pro. per.

CAMPBELL, Judge.

North Carolina Civil Procedure Rule 41 (b), substantially the same as its federal counterpart, authorizes dismissal with prejudice of a plaintiff's claim for failure to prosecute. It was held in Link v. Wabash R. Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed. 2d 734 (1962), that courts have inherent power to dismiss stale actions, even on their own motion, and without notice or hearing by the parties if the circumstances...

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