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EAST CAROLINA LUMBER COMPANY v. PAMLICO COUNTY

No. 94.

110 S.E.2d 278 (1959)

250 N.C. 681

EAST CAROLINA LUMBER COMPANY, Incorporated, v. PAMLICO COUNTY; T. D. Warren, Jr., Receiver; David Lupton and wife, Veta Lupton.

Supreme Court of North Carolina.

September 23, 1959.

Attorney(s) appearing for the Case

Hugh L. Willcox, Florence, S. C., Royce C. McClelland, Wilmington, and Jones, Reed & Griffin, Kinston, for plaintiff, appellant.

Barden, Stith & McCotter, New Bern, Thorp, Spruill, Thorp & Trotter, Rocky Mount, Rodman & Rodman, Washington, Ward & Tucker, R. A. Nunn, New Bern, B. B. Hollowell, Bayboro, R. E. Whitehurst, New Bern, and Norman & Rodman, Plymouth, for defendants, appellees.

BOBBITT, Justice.

This action was commenced by summons issued August 12, 1958.

The original complaint herein includes allegations summarized by Johnson, J., in East Carolina Lumber Co. v. Pamlico County, 242 N.C. 728, 89 S.E.2d 381, a prior action between the same parties relating to the same lands, as follows: "(1) that the plaintiff is the owner...

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