STATE EX REL. EDMISTEN v. CHALLENGE, INC.

No. 8110SC195.

284 S.E.2d 333 (1981)

STATE of North Carolina ex rel. Rufus L. EDMISTEN, Attorney General, Plaintiff, v. CHALLENGE, INC., Edward G. Rector, Douglas L. Beekman, Carol A. Rector, Allen K. Oaks and Richard Mailman, Defendants.

Court of Appeals of North Carolina.

November 17, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Asst. Atty. Gen. Alan S. Hirsch, Raleigh, for the State.

Howard Kramer and William L. Cassell, Raleigh, for defendants-appellants.


CLARK, Judge.

The sole question before this Court is whether the trial court erred in granting the preliminary injunction, the defendants having elected to appeal before the ultimate questions raised by the pleadings are decided at the trial on the merits. Ordinarily, a preliminary injunction will be granted pending trial on the merits, (1) if there is probable cause for supposing that plaintiff will be able to sustain his primary equity, and (2) if there is reasonable...

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