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ALSUP v. PITMAN

No. 894SC596.

390 S.E.2d 750 (1990)

98 N.C. App. 389

Phillip ALSUP and Gerard Caron, Plaintiffs-Appellants, v. Thomas PITMAN and Hiram Bell, Defendants-Appellees.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

Beaver, Thompson, Holt & Richardson, P.A. by Mark A. Sternlicht and Richard B. Glazier, Fayetteville, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice by William E. Moore, Jr., Raleigh, for defendants-appellees.

COZORT, Judge.

On 8 October 1988, the plaintiffs filed a notice of voluntary dismissal of the case below (a malpractice action). On the same day, they filed a new complaint based on the original claims. On 16 November 1988, the defendants filed a motion pursuant to Rule 41(d) of the North Carolina Rules of Civil Procedure to tax the plaintiffs with costs, including expenses for taking depositions. On 6 January 1988, the...

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