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NALLE CLINIC CO. v. PARKER

No. 9026SC231.

399 S.E.2d 363 (1991)

101 N.C. App. 341

The NALLE CLINIC COMPANY, a North Carolina Corporation, Plaintiff, v. Mark W. PARKER, Defendant.

Court of Appeals of North Carolina.

January 15, 1991.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein by William L. Rikard, Jr., and Keith M. Weddington, Charlotte, for plaintiff, appellee.

James, McElroy & Diehl, P.A. by William K. Diehl, Jr., Mark T. Calloway and John S. Arrowood, Charlotte, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant's first contention on appeal is that "the trial court erred in granting the plaintiff's motion for preliminary injunction." For the reasons set forth below, we agree.

A preliminary injunction:

`is an extraordinary measure taken by a court to preserve the status quo of the parties during litigation. It will be issued only (1) if a plaintiff is able to show likelihood of success on the merits of his case and (2...

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