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ROSE'S STORES, INC. v. TARRYTOWN CENTER, INC.

No. 444.

154 S.E.2d 320 (1967)

270 N.C. 201

ROSE'S STORES, INC. v. TARRYTOWN CENTER, INC., and Tarrytown Development Company.

Supreme Court of North Carolina.

May 3, 1967.

Attorney(s) appearing for the Case

Perry, Kittrell, Blackburn & Blackburn, Henderson, for plaintiff.

Battle, Winslow, Scott & Wiley, Rocky Mount, Simpson, Thacher & Bartlett, New York City, for defendants. Robert M. Wiley, Rocky Mount, John A. Guzzetta, New York City, and Daniel R. Solin, New York City, of counsel.

BRANCH, Justice.

Defendants made a motion for change of venue as a matter of right, by virtue of G.S. § 1-76, before time for answering expired. The motion was made in apt time. G.S. § 1-83; Casstevens v. Wilkes Telephone Membership Corp., 254 N.C. 746, 120 S.E.2d 94.

The pertinent portion of G.S. § 1-76 reads:

"Where subject of action situated.— Actions for...

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