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LOWDER v. ALL STAR MILLS, INC.

No. 8920SC1100.

396 S.E.2d 92 (1990)

100 N.C. App. 322

Malcolm M. LOWDER, Mark T. Lowder and Dean A. Lowder, Plaintiffs, v. ALL STAR MILLS, INC., Lowder Farms, Inc., All Star Foods, Inc., All Star Hatcheries, Inc., All Star Industries, Inc., Consolidated Industries, Inc., and W. Horace Lowder, Defendants, and Cynthia E. Lowder Peck, Michael W. Lowder, Douglas E. Lowder, Lois L. Hudson, Individually and as Guardian Ad Litem for Steve H. Hudson, Bruce E. Hudson, Billy J. Hudson, Ellen H. Ballard, Jennell H. Ratterree, David P. Lowder, Judith R. Lowder, R. Lowder Harrell, Emily P. Lowder, Cornelius and Myron P. Lowder, Intervening Defendants.

Court of Appeals of North Carolina.

September 18, 1990.

Attorney(s) appearing for the Case

Moore & Van Allen by Frank C. Patton, III, Charlotte, for plaintiffs-appellants.

W. Horace Lowder, pro se.

COZORT, Judge.

On 4 April 1989, the plaintiffs filed a motion for an order to show cause why defendant Horace Lowder should not be held in contempt for violating a permanent receivership order as well as injunctions of the trial court. The motion requested that the trial court consider both criminal contempt and civil contempt. After a show cause hearing, the trial court ruled on 31 July 1989 that it was without authority to hold defendant Lowder in contempt because...

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