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NORTH CAROLINA STATE H. & P. W. COM'N v. PARDINGTON

No. 752.

88 S.E.2d 102 (1955)

242 N.C. 482

NORTH CAROLINA STATE HIGHWAY AND PUBLIC WORKS COMMISSION, Petitioner, v. Doris C. PARDINGTON, Widow; County of Forsyth, and City of Winston-Salem, Respondents.

Supreme Court of North Carolina.

June 30, 1955.

Attorney(s) appearing for the Case

R. Brookes Peters, L. J. Beltman, Raleigh, Womble, Carlyle, Sandridge & Rice, Winston-Salem, for petitioner-appellant.

Deal, Hutchins & Minor, Winston-Salem, for respondents-appellees.

WINBORNE, Justice.

Decision on this appeal turns upon the answer to the question as to whether in a proceeding instituted under provisions of G.S. § 136-19, the petitioner, North Carolina State Highway and Public Works Commission, is required to pay into court the amount of the award made by the Commissioners, as a condition precedent to taking possession of the land sought to be acquired for right of way for public...

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