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SUNCREST LUMBER CO. v. NORTH CAROLINA PARK COMMISSION

No. 2799.

29 F.2d 823 (1928)

SUNCREST LUMBER CO. v. NORTH CAROLINA PARK COMMISSION et al.

Circuit Court of Appeals, Fourth Circuit.

November 27, 1928.

Attorney(s) appearing for the Case

Thomas S. Rollins, of Asheville, N. C., Byron F. Ely, of Ridgway, Pa., and Alfred S. Barnard, of Asheville, N. C. (J. Bat Smathers and Rollins & Smathers, all of Asheville, N. C., on the brief), for appellant.

A. L. Brooks, Asst. Atty. Gen. and L. R. Varser, Asst. Atty. Gen. (Frank Carter, of Asheville, N. C., on the brief), for appellees.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from an order denying an application for an interlocutory injunction. The appellant here, the Suncrest Lumber Company, was complainant in the court below, and the members of the North Carolina Park Commission and the commission itself were defendants. Complainant sought an injunction to restrain defendants from instituting proceedings under the Act of February 25, 1927, c. 48, Public Laws of North Carolina, Session of 1927...

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