HALL v. CARTER

No. 8814SC124.

369 S.E.2d 623 (1988)

Sylvester HALL and Kenneth Fowler, Plaintiffs, v. George Hammond CARTER, Jr., Energy Technology and Development, Stacy Newkirk, Jr., and Stacy Newkirk, Sr., Defendants.

Court of Appeals of North Carolina.

July 5, 1988.


Attorney(s) appearing for the Case

Albert L. Willis, Durham, for plaintiffs.

Haywood, Denny, Miller, Johnson, Sessoms & Patrick by James H. Johnson, III, Sherry R. Dawson and Robert W. Oast, Jr., Chapel Hill, for defendants.


WELLS, Judge.

Rule 37(a)(4) of the North Carolina Rules of Civil Procedure provides that if a motion for an order compelling discovery is granted,

the court shall, alter opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that the opposition...

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