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MILLER v. RUTH'S OF NORTH CAROLINA, INC.

No. 8326SC28.

313 S.E.2d 849 (1984)

Thomas E. MILLER v. RUTH'S OF NORTH CAROLINA, INC., Ruth's of South Carolina, Inc., B & H Foods, Inc., B & H, Inc. of Chester, Frances June Griffin, and Robert Griffin.

Court of Appeals of North Carolina.

April 17, 1984.

Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage and Debra L. Foster, Charlotte, for plaintiff-appellant.

Fairley, Hamrick, Monteith & Cobb by F. Lane Williamson and Dean Hamrick, Charlotte, for defendants-appellees.

JOHNSON, Judge.

Plaintiff contends that the court erred in denying his request for attorneys' fees under G.S. 55-55(d), which provides that a court "may award" a successful plaintiff in a shareholders' derivative action "the reasonable expenses of maintaining the action, including reasonable attorneys' fees ...."

However, since this was not a shareholders' derivative action, we need not reach the arguments presented by plaintiff concerning the court's exercise...

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