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JUSTICE FOR ANIMALS v. LENOIR COUNTY

No. COA04-69.

607 S.E.2d 317 (2005)

JUSTICE FOR ANIMALS, INC., Plaintiff, v. LENOIR COUNTY SPCA, INC., Defendant.

Court of Appeals of North Carolina.

February 1, 2005.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by A. Charles Ellis; and William A. Reppy, Jr., Greenville, for plaintiff-appellant.

White & Allen, P.A., by David J. Fillippeli, Jr., and Gregory E. Floyd, Kinston, for defendant-appellee.

TYSON, Judge.

Justice for Animals, Inc., ("plaintiff") appeals from an Order that granted Lenoir County SPCA, Inc.'s ("defendant") motion for an involuntary dismissal pursuant to Rule 41(b) of the North Carolina Rules of Civil Procedure. We vacate portions of the trial court's order, and reverse and remand in part.

I. Background

Plaintiff filed a complaint pursuant to N.C. Gen.Stat. § 19A-1...

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