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GUILFORD REALTY AND INS. CO. v. BLYTHE BROTHERS CO.

No. 692.

145 S.E.2d 838 (1966)

266 N.C. 229

GUILFORD REALTY AND INSURANCE COMPANY v. BLYTHE BROTHERS COMPANY, a corporation, and Howard Construction Company, a corporation, individually and jointly, doing business as Blythe-Howard Companies.

Supreme Court of North Carolina.

January 14, 1966.

Attorney(s) appearing for the Case

Schoch, Schoch & Schoch, by Arch K. Schoch, High Point, for plaintiff appellee.

Seymour, Rollins & Rollins, Sapp & Sapp, by Armistead W. Sapp, Jr., Greensboro, for defendant appellants.

HIGGINS, Justice.

Our former opinion affirmed the judgment of the Superior Court which overruled the demurrer and struck the further defense. That decision is the law of the case to this extent: (1) The complaint states a cause of action in favor of the plaintiff against the defendants; (2) the further defense of governmental immunity from suit was not available to the defendants and was properly stricken. The complaint is still in its original form—not changed...

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