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MILLS v. CAROLINA CEMETERY PARK CORPORATION

No. 379.

86 S.E.2d 893 (1955)

242 N.C. 20

William L. MILLS, Jr., on Behalf of Himself and Other Owners of Burial Lots in Carolina Memorial Park, v. CAROLINA CEMETERY PARK CORPORATION and Gamaliel Coats Smith Hugenschmidt.

Supreme Court of North Carolina.

April 13, 1955.

Attorney(s) appearing for the Case

Hartsell & Hartsell and William L. Mills, Jr., Concord, for plaintiff, appellee.

L. E. Barnhardt, C. M. Llewellyn and M. B. Sherrin, Jr., Concord, for defendants, appellants.

PARKER, Justice.

Plaintiff instituted this action on behalf of himself and other owners of burial lots in Carolina Memorial Park against Carolina Cemetery Park Corporation and Gamaliel Coats Smith Hugenschmidt.

This is a summary of the allegations of his Complaint:

One. Prior to June 1942 the defendant Carolina Cemetery Park Corporation— hereafter called Cemetery Park—conceived plans for the Carolina Memorial Park, and through...

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