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NORTH CAROLINA STATE HIGHWAY COM'N v. HETTIGER

No. 437.

155 S.E.2d 469 (1967)

271 N.C. 152

NORTH CAROLINA STATE HIGHWAY COMMISSION v. Hilda Cooper HETTIGER and husband, E. P. Hettiger, J. H. Whicker, Jr., Trustee, Northwestern Bank, Ray Jennings, Trustee, and J. H. C. Huitt.

Supreme Court of North Carolina.

July 24, 1967.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Trial Attys. Wm. F. Briley and Charles McKinnon Hensey, Raleigh, and Associate Counsel E. James Moore, North Wilkesboro, for plaintiff appellee.

Whicker, Whicker & Vannoy, North Wilkesboro, for defendant appellants.

BOBBITT, Justice.

In passing on the Commission's motion to strike, the facts alleged in defendants' further answer are deemed admitted. The question is whether these facts entitle defendant to recover compensation in excess of the fair market value as of March 5, 1965, of the property described in said Exhibit B. See G.S. § 136-106(a) (3). If not, the order of Judge Lupton striking the further answer should be affirmed...

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