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LYERLY v. NORTH CAROLINA STATE HIGHWAY COMMISSION

No. 454.

142 S.E.2d 658 (1965)

264 N.C. 649

R. J. LYERLY, Jr., and Joe J. Walkup, trading as Sherrill's Super Market, Petitioners, v. NORTH CAROLINA STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of North Carolina.

June 18, 1965.

Attorney(s) appearing for the Case

Carswell & Justice, Charlotte, and Hugh G. Mitchell, Statesville, for petitioner appellants.

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Harrison Lewis, Trial Atty. Henry T. Rosser, and R. A. Hedrick, Assoc. Counsel, Statesville, for respondent appellee.

PER CURIAM.

As stated in petitioners' brief, their allegations herein "are substantially identical with those" in the companion case of Sherrill v. Highway Commission, N.C., 142 S.E.2d 653. Petitioners alleged they, as lessees, operated a grocery store in the Sherrill building on South Center Street, Statesville, N. C., and that, on account of the destruction of the south wall of said building on October 14, 1959, (1) their stock...

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