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MOSES H. CONE MEMORIAL HOSPITAL v. CONE

No. 669.

56 S.E.2d 709 (1949)

231 N.C. 292

MOSES H. CONE MEMORIAL HOSPITAL v. CONE et al.

Supreme Court of North Carolina.

December 14, 1949.

Attorney(s) appearing for the Case

Falk, Carruthers & Roth, Greensboro, for plaintiff appellant.

Sidney J. Stern, Jr., Greensboro, guardian ad litem.

Harry McMullan, Attorney General of North Carolina.

R. Brookes Peters, General Counsel, Raleigh, for State Highway & Public Works Commission.

BARNHILL, Justice.

The right of the State of North Carolina to condemn a right of way across the memorial park property for use by the National Park Service for maintaining a scenic highway is unquestioned. Should the plaintiff sit idly by and suffer this to be done without any effort to preserve the trust, the maintenance by it of the land described in Indenture A as a memorial park would be seriously endangered. The dominant right of the government would so impede...

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