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VAN LEUVEN v. AKERS MOTOR LINES, INC.

No. 244.

124 S.E.2d 560 (1962)

256 N.C. 610

Lewis VAN LEUVEN v. AKERS MOTOR LINES, INC., a Corporation.

Supreme Court of North Carolina.

March 28, 1962.

Attorney(s) appearing for the Case

Parker Whedon, Charlotte, for plaintiff, appellant.

L. B. Hollowell, Gastonia, Helms, Mulliss, McMillan & Johnston, by Fred B. Helms, Charlotte, for defendant, appellee.

PER CURIAM.

The Justices participating are equally divided on the question whether the mandatory order should be issued compelling the defendant to remove the sewer line already installed on the plaintiff's lot. Therefore, the decision of the Superior Court denying the mandatory injunction is affirmed without the decision becoming a precedent. Sharp, J., while Superior Court Judge, heard a preliminary motion in this proceeding...

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