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PENN v. CAROLINA VIRGINIA COASTAL CORP.

No. 23.

57 S.E.2d 817 (1950)

231 N.C. 481

PENN et al. v. CAROLINA VIRGINIA COASTAL CORPORATION et al.

Supreme Court of North Carolina.

March 1, 1950.

Attorney(s) appearing for the Case

Frank B. Aycock, Jr., Elizabeth City, Frank P. Hobgood, Reidsville, for petitioners-appellants.

Harry McMullan, Jr., Washington, for defendants-appellees.

WINBORNE, Justice.

Taking the facts alleged in the petition to be true, as is done in a civil action in this State, in considering the sufficiency of a pleading to withstand the challenge of demurrer, and applying applicable principles of law, the court properly held that the allegations of the petition are insufficient to state a cause of action.

The Act of the General Assembly of 1949, Chapter 1024 of 1949 Session Laws of North Carolina, authorizes the creation...

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