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McGLADREY, HENDRICKSON & PULLEN v. SYNTEK FIN. CORP.

No. 8918SC1056.

389 S.E.2d 636 (1990)

98 N.C. App. 151

McGLADREY, HENDRICKSON & PULLEN, a partnership (formerly A.M. Pullen & Co.) v. SYNTEK FINANCE CORPORATION (formerly the Washington Group, Incorporated).

Court of Appeals of North Carolina.

April 3, 1990.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by Reid L. Phillips, and Jeffrey A. Batts, Greensboro, for plaintiff-appellant.

Petree, Stockton & Robinson by Norwood Robinson, Robert J. Lawing, and Jane C. Jackson, Winston-Salem, for defendant-appellee.

LEWIS, Judge.

Plaintiff's sole contention on appeal is the trial court erred in denying its motion for attorney's fees "since an award of such fees is required by G.S. 55-50(k)." Plaintiff argues that each of the required elements set out in G.S. 55-50(k) is present in this case; therefore, the trial court had no discretion to deny an award of attorney's fees.

G.S. 55-50(k) states:

Any action by a shareholder to compel the payment of dividends may...

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