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BUTLER SERVICE CO. v. BUTLER SERVICE GROUP

No. 8326SC64.

310 S.E.2d 406 (1984)

BUTLER SERVICE COMPANY v. BUTLER SERVICE GROUP, INC.

Court of Appeals of North Carolina.

January 17, 1984.

Attorney(s) appearing for the Case

Paul L. Whitfield, Charlotte, for plaintiff-appellant.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by William L. Rikard, Jr., Charlotte, for defendant-appellee.

BECTON, Judge.

Substantively, this case involves the alleged use by the defendant of a corporate name reserved for the exclusive use of the plaintiff appellant without the plaintiff's knowledge, consent, or permission. Plaintiff's appeal, however, does not relate to the merits of the case. The appeal relates to the procedural dismissal with prejudice of plaintiff's complaint under Rule 41(b) of the North Carolina Rules of Civil Procedure for failure to prosecute....

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