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ATLANTIC COAST LINE R. CO. v. J. B. HUNT & SONS, INC.

No. 249.

133 S.E.2d 644 (1963)

260 N.C. 717

ATLANTIC COAST LINE RAILROAD COMPANY v. J. B. HUNT & SONS, INC., and Richard H. Driscoll and Insto-Gas Corporation.

Supreme Court of North Carolina.

December 19, 1963.

Attorney(s) appearing for the Case

Spruill, Trotter, Biggs & Lane, Rocky Mount, for plaintiff appellant.

Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, for Insto-Gas Corporation, defendant appellee.

SHARP, Justice.

The plaintiff states in its brief that "unless defendant Insto-Gas Corporation was doing business in the State of North Carolina the service of process upon the Secretary of State is invalid and this Court has no jurisdiction of the defendant." It then argues that if the defendant were transacting business in the State prior to the institution of the action, substituted service upon the Secretary of State in the manner provided by G.S. § 55-146...

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