STATE HIGHWAY COMMISSION v. RALEIGH FARMERS MARKET, INC.

No. 551.

141 S.E.2d 10 (1965)

264 N.C. 139

STATE HIGHWAY COMMISSION v. RALEIGH FARMERS MARKET, INC., Raleigh Savings & Loan Association, and L. N. West and wife, Betsey John H. West.

Supreme Court of North Carolina.

March 24, 1965.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harrison Lewis, Asst. Atty. Gen., H. T. Rosser, Trial Atty., Young, Moore & Henderson, Raleigh, by J. Allen Adams, Assoc. Counsel, Raleigh, for the State.

Manning, Fulton & Skinner and Jack P. Gulley, Raleigh, for defendant appellant.


RODMAN, Justice.

The opinion in this cause, filed January 29, 1965, is reported 263 N.C. 622, 139 S.E.2d 904.

In apt time, plaintiff and Farmers filed a petition to rehear. Rehearing was requested because, in the opening paragraph of the opinion, it is said: "In substance, the action of the parties amounted to a waiver of a jury trial * * *." The petition was allowed "for clarification of...

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