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STATE EX REL. COOPER v. RIDGEWAY BRANDS

No. COA06-1711.

655 S.E.2d 446 (2008)

STATE of North Carolina, ex rel. Roy COOPER, Attorney General of North Carolina v. RIDGEWAY BRANDS MANUFACTURING, LLC, a North Carolina Corporation; Ridgeway Brands, Inc., a Kentucky Corporation; Fred A. Edwards, a citizen of Kentucky in his individual capacity; Carl B. White, a citizen of Kentucky in his individual capacity, and Trevally, Inc., an Arizona Corporation.

Court of Appeals of North Carolina.

January 15, 2008.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Melissa L. Trippe and Richard L. Harrison, Special Deputy Attorney Generals, for plaintiff-appellant.

Poyner & Spruill, L.L.P., by J. Nicholas Ellis, Rocky Mount, for the defendant.

STEELMAN, Judge.

Where the plaintiff failed to allege that an out-of-state corporate defendant (Trevally, Inc. or "Trevally") was present in North Carolina at the time of the alleged transaction or otherwise availed itself of the laws and privileges of this State, the trial court did not err in dismissing the plaintiff's claims against defendant Trevally pursuant to N.C.R. Civ. P. 12(b)(2) for lack of personal jurisdiction.

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