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BRAGG INVESTMENT COMPANY v. CUMBERLAND COUNTY

No. 593.

96 S.E.2d 341 (1957)

245 N.C. 492

BRAGG INVESTMENT COMPANY, Inc. v. CUMBERLAND COUNTY and R. E. Nimocks, Treasurer of Cumberland County.

Supreme Court of North Carolina.

February 1, 1957.

Attorney(s) appearing for the Case

Poyner, Geraghty & Hartsfield, Raleigh, Taylor, Allen & Warren, Goldsboro, and Hoyle & Hoyle, Greensboro, for plaintiff appellant.

James MacRae, Lester G. Carter, Jr., and Robert H. Dye, Fayetteville, for defendant appellees.

RODMAN, Justice.

Congress waived the immunity from taxation which plaintiff might otherwise have claimed by the enactment of 10 U.S.C.A. § 1270d. Any doubt with respect to the application of that statute to the facts of this case has been removed by the decision in Offutt Housing Co. v. Sarpy County, 351 U.S. 253, 76 S.Ct. 814, 100 L.Ed. 1151. The decision in that case was rendered since this litigation began. Appellant concedes...

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