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SCHAFFNER v. PANTELAKOS

No. 8912SC683.

391 S.E.2d 41 (1990)

98 N.C. App. 399

Bruce SCHAFFNER, Guardian Ad Litem for Eugenia L. Schaffner, Minor, v. Dr. C.G. PANTELAKOS.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

Lester G. Carter, Jr. and Stephen R. Melvin, Fayetteville, for plaintiff-appellant.

Walker, Young & Barwick by Robert D. Walker, Jr. and Don E. Clark, Jr., Goldsboro, for defendant-appellee.

PHILLIPS, Judge.

Plaintiff's appeal is from an order dismissing her action with prejudice under Rule 41(d), N.C. Rules of Civil Procedure, which reads as follows:

(d) Costs. A plaintiff who dismisses an action or claim under section (a) of this rule shall be taxed with the costs of the action unless the action was brought in forma pauperis. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the...

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