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BURTON v. CITY OF REIDSVILLE

No. 666.

90 S.E.2d 700 (1956)

243 N.C. 405

John H. BURTON and Earl Burton, Representing the citizens and taxpayers of the City of Reidsville, and such other taxpayers as shall ask to be made parties to this action (Original Parties Plaintiff); J. W. Amos, Mrs. C. E. Warner and Claude S. Burton (Additional Parties Plaintiff) v. The CITY OF REIDSVILLE; George Hunt, James L. Thompson, Sr., W. B. Pipkin, Clyde Cobb, and William G. Springs, In their capacity as members of the City Council of the City of Reidsville and also in their capacity as individuals.

Supreme Court of North Carolina.

January 13, 1956.

Attorney(s) appearing for the Case

Gwyn & Gwyn, Reidsville, for plaintiffs-appellants.

Brown, Scurry & McMichael, Reidsville, for defendants-appellees.

BARNHILL, Chief Justice.

This proceeding became so entangled in a snarl of procedure in the court below that no course is left open to us except to vacate the judgment entered and remand the cause for hearing in accord with the applicable principles of law.

As the record now stands, we have a judgment dismissing the action and, at the same time, affirmatively adjudicating the rights of the parties "if the pleadings and evidence present a question of fact for...

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