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KEITH v. DAY

No. 8210SC21.

299 S.E.2d 296 (1983)

John E. KEITH v. Charles H. DAY and Ace Town and Country Hardware Store.

Court of Appeals of North Carolina.

February 1, 1983.

Attorney(s) appearing for the Case

Hunter, Wharton & Howell by John V. Hunter, III, Raleigh, for defendants-appellants.

Kimzey, Smith & McMillan by James M. Kimzey, Raleigh, for plaintiff-appellee.

BECTON, Judge.

I

Defendant first argues that the entry of the preliminary injunction by the trial court without requiring plaintiff to post a bond pursuant to N.C.Gen.Stat. § 1A-1 Rule 65(c) (1969) was fatal to the validity of that order. This is apparently a case of first impression for this Court as neither party nor our own research discloses any reported North Carolina decisions that address the precise...

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