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TEER v. JORDAN

No. 458.

59 S.E.2d 359 (1950)

232 N.C. 48

TEER v. JORDAN et al.

Supreme Court of North Carolina.

May 3, 1950.

Attorney(s) appearing for the Case

Ross & Ross, Lillington, Brooke, McLendon, Brim & Holderness, Greensboro, W. P. Farthing, Durham, and J. C. B. Ehringhaus, Jr., Raleigh, for plaintiff-appellant.

Harry McMullan, Attorney General, John R. Jordan, Jr., Member of Staff, W. T. Joyner and W. T. Joyner, Jr., R. Brookes Peters, General Counsel, State Highway and Public Works Commission, and Kenneth F. Wooten, Jr., and E. O. Brogden, Jr. Members of Staff, Raleigh, for defendants-appellees.

DEVIN, Justice.

The court below in ruling in favor of the defendants on the ultimate issue of law raised by the pleadings inferentially disposed of two questions which apparently were not pressed on the hearing in the Superior Court, namely, the capacity of the plaintiff to maintain this suit for the purposes declared, and to maintain it against these defendants who compose an agency of the State constituted for governmental...

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