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STATE HIGHWAY & PUBLIC WORKS COMMISSION v. BROWN

No. 110.

77 S.E.2d 780 (1953)

238 N.C. 293

STATE HIGHWAY & PUBLIC WORKS COMMISSION v. BROWN et al.

Supreme Court of North Carolina.

September 30, 1953.

Attorney(s) appearing for the Case

R. Brookes Peters, Raleigh, and Gudger, Elmore & Martin, Asheville, for plaintiff appellant.

William V. Burrow, Asheville, for defendants-appellees.

JOHNSON, Justice.

The record discloses and it was conceded on the argument, that the drainage pipe installation complained of is now fait accompli, or a fact accomplished. This being so, there was nothing to support the preliminary order restraining the defendants from "further erection and installation" of the pipes. Hence the plaintiff suffered no harm from the dissolution of the order. Groves v. McDonald, 223 N...

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