STATE EX REL. N.C. MILK COM'N v. PET, INC.

No. 8310SC613.

315 S.E.2d 529 (1984)

STATE of North Carolina on relation of the NORTH CAROLINA MILK COMMISSION v. PET, INCORPORATED.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Harris, Cheshire, Leager & Southern by Samuel R. Leager, Raleigh, for plaintiff-appellant.

Bailey, Dixon, Wooten, McDonald & Fountain by Wright T. Dixon, Jr. and Gary K. Joyner, Raleigh, for defendant-appellee.


WEBB, Judge.

The Milk Commission argues it was error for the superior court to amend an order in a 1980 case which amendment affected action taken by it in 1983. It contends its 1983 action is a separate case and the defendant must appeal from that order for a de novo hearing. The Milk Commission says the superior court has enjoined it from performing its statutory duties without any compliance with the requirements for an injunction.

We hold that the...

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