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SANFORD v. STARLITE DISCO, INC.

No. 8330SC178.

311 S.E.2d 67 (1984)

Charles E. SANFORD v. STARLITE DISCO, INC., d/b/a Starlite Disco.

Court of Appeals of North Carolina.

February 7, 1984.

Attorney(s) appearing for the Case

Frank G. Queen, Waynesville, for plaintiff-appellant.

Alley, Killian & Kersten by Leon M. Killian, III, Waynesville, and Harrell & Leake by Larry B. Leake, Asheville, for defendant-appellee.

WEBB, Judge.

G.S. 1A-1, Rule 41(d) of the North Carolina Rules of Civil Procedure provides as follows in pertinent part:

"(d) ... If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant before the payment of the costs of the action previously dismissed, ... the court, upon motion of the defendant, shall make an order for the payment of such costs by the plaintiff within...

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