WAFF BROS. v. BANK OF NORTH CAROLINA, N.A.

No. 751SC28.

214 S.E.2d 261 (1975)

25 N.C. App. 517

WAFF BROS., INC. v. BANK OF NORTH CAROLINA, N. A., et al.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

White, Hall, Mullen & Brumsey by Gerald F. White and William Brumsey, III, Elizabeth City, for plaintiff.

Ellis, Hooper, Warlick, Waters & Morgan by John D. Warlick, Jr., and Harold L. Waters, Jacksonville, for defendant Bank of North Carolina, N.A.

Frank B. Aycock, Jr., Elizabeth City, for defendants Carolina-Albemarle Corp., Vacation Properties, Inc., and Spencer Berger.


BROCK, Chief Judge.

Plaintiff argues that the trial judge committed error in dissolving the temporary restraining order and further committed error in refusing to issue a preliminary injunction pending trial of this action on the merits.

At a hearing on motion for a preliminary injunction pending the final hearing on the merits (See G.S. § 1A-1, Rule 65[b]), the burden is on the party seeking the injunctive relief to establish (1) that there is probable...

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