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SIMMONS v. C. W. MYERS TRADING POST, INC.

No. 8321DC746.

315 S.E.2d 75 (1984)

Lessie SIMMONS, Plaintiff, v. C.W. MYERS TRADING POST, INC., Defendant.

Court of Appeals of North Carolina.

May 15, 1984.

Attorney(s) appearing for the Case

Legal Aid Society of Northwest North Carolina, Inc. by Ellen W. Gerber and Kate Mewhinney, Winston-Salem, for plaintiff, appellant.

Herman L. Stephens, Winston-Salem, for defendant, appellee.

HEDRICK, Judge.

At the close of plaintiff's evidence, the defendant made the following motion:

Your Honor, pursuant to Rule 50 of the North Carolina Rules of Civil Procedure, I would make a motion for a directed verdict dismissing the plaintiff's claim under G.S. Section 25A-44(4) and Section 25A-2, that claim being for treble damages for a violation of the prohibition in Section 20 of—including any provision or language in the contract—in a...

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