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STATE EX REL. ZIMMERMAN v. MASON

No. 8122SC168.

282 S.E.2d 518 (1981)

STATE of North Carolina ex rel. H. W. ZIMMERMAN, Jr., District Attorney 22nd Solicitorial District v. Johnny MASON, III, and Oscar Blackwell, d/b/a "The El Camino Club".

Court of Appeals of North Carolina.

October 6, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Harry H. Harkins, Jr., Raleigh, for the State.

Powell, Yeager & Fischer by Harrell Powell, Jr. and J. Clark Fischer, Winston-Salem, for defendant-appellant.

WEBB, Judge.

The defendant assigns error to the court's finding him in contempt for removing the locks and copy of the temporary restraining order when the temporary restraining order did not forbid him from doing so. We believe this assignment of error has merit. G.S. 19-2.3 provides in part:

"[T]he court may, on application of the complainant showing good cause, issue an ex parte temporary restraining order in accordance with G.S. 1A-1, Rule 65(b), preserving...

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