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CUTTER v. BROOKS

No. 7726SC572.

243 S.E.2d 423 (1978)

John H. CUTTER, III, P. A. v. Walter W. BROOKS and Scott S. Carswell.

Court of Appeals of North Carolina.

May 2, 1978.

Attorney(s) appearing for the Case

Michael P. Carr, Charlotte, for plaintiff-appellee.

Mraz, Casstevens & Davis, P. A., by Kenneth R. Jacobson and Gary A. Davis, Charlotte, for defendant-appellant Brooks.

ARNOLD, Judge.

G.S. 1A-1, Rule 37(d) reads in pertinent part:

"If a party ... fails ... to appear before the person who is to take his deposition, after being served with a proper notice ... the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under subdivisions a, b, and c of subsection (b)(2) of this rule."

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