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KOHLER CO., INC. v. McIVOR

No. COA05-339-2.

628 S.E.2d 817 (2006)

KOHLER COMPANY, INC., Plaintiff, v. Thomas H. McIVOR, Defendant.

Court of Appeals of North Carolina.

May 2, 2006.

Attorney(s) appearing for the Case

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by John D. Cole and Kelly S. Hughes, for plaintiff-appellee.

Ferguson, Stein, Chambers, Adkins, Gresham & Sumter, P.A., by John W. Gresham, for defendant-appellant.

HUDSON, Judge.

Defendant Thomas H. McIvor appeals an order denying sanctions and fees pursuant to Rule 11. N.C. Gen.Stat. § 1A-1, Rule 11(a) (2003). In an opinion filed 20 December 2005, we affirmed. See Kohler Company, Inc. v. McIvor, ___ N.C.App. ___, 623 S.E.2d 89 (2005). Defendant filed a petition for rehearing on 24 January 2006, which we allowed. We also note that, after...

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