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TRUSTEES OF REX HOSPITAL v. BOARD OF COM'RS

No. 457.

79 S.E.2d 892 (1954)

239 N.C. 312

TRUSTEES OF REX HOSPITAL et al. v. BOARD OF COM'RS OF WAKE COUNTY et al.

Supreme Court of North Carolina.

January 29, 1954.

Attorney(s) appearing for the Case

Paul F. Smith, Raleigh, for appellant City of Raleigh.

Thomas A. Banks, Raleigh, for appellants Board of Commissioners of Wake County, with William Henry Hoyt, New York City, of counsel, and Armistead J. Maupin, Raleigh, guardian ad litem.

Vaughan S. Winborne and Samuel Pretlow Winborne, Raleigh, for appellants Stella K. Barbee and Sallie K. Quincy.

Arch T. Allen and Edward B. Hipp, Raleigh, for appellees, Trustees of Rex Hospital.

DENNY, Justice.

The primary purpose of this litigation is to determine whether the trustees of the Rex Hospital, a corporation, acting through its trustees, and Wake County, acting through its Board of County Commissioners, have the legal right to execute the proposed deed, lease, and escrow agreement, referred to hereinabove, for the purposes indicated.

The appellants contend, particularly Wake County and the guardian ad litem for the heirs at law...

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