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WILLIS v. DUKE POWER CO.

No. 133.

229 S.E.2d 191 (1976)

291 N.C. 19

Gerald P. WILLIS, Administrator of the Estate of David S. Willis, Deceased v. DUKE POWER COMPANY, a corporation.

Supreme Court of North Carolina.

November 4, 1976.

Attorney(s) appearing for the Case

William E. Poe, William F. Farthing, Jr., William I. Ward, Jr., William E. Poe, Jr., and Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, for defendant-appellant.

Cansler, Lockhart, Parker & Young, P.A., by Thomas Ashe Lockhart, Joe C. Young and John M. B. Burtis, Charlotte, for plaintiff-appellee.

EXUM, Justice.

This case presents questions involving a contempt order imposed in part under General Statute 1A-1, Rule 37(b), as a sanction for defendant's alleged noncompliance with an earlier order compelling certain discovery. The first is whether the contempt order which imposes no punishment pending the expiration of a period in which defendant may purge itself by complying with a modified version of the earlier order is immediately appealable. We hold that...

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