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NORTH CAROLINA STATE HIGHWAY COM'N v. NUCKLES

No. 688.

155 S.E.2d 772 (1967)

271 N.C. 1

NORTH CAROLINA STATE HIGHWAY COMMISSION v. Arnold H. NUCKLES and wife, Elsie P. Nuckles, R. D. Douglas, Jr., Trustee, Home Federal Savings and Loan Association, George W. Gordon, Trustee for Julius M. Ozment and wife, Clara C. Ozment, Julius M. Ozment and wife, Clara C. Ozment, George W. Gordon, Trustee for H. L. Welborn, H. L. Welborn, the Texas Company, a corporation, American Commercial Bank, and Roy M. Booth, Trustee.

Supreme Court of North Carolina.

July 24, 1967.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harrison Lewis, Deputy Atty. Gen., T. Buie Costen, Staff Atty., Eugene Shaw, Jr., Associate Counsel, for plaintiff.

Thomas Turner; Seymour, Rollins & Rollins, Geensboro, for Arnold H. Nuckles and wife, Elsie P. Nuckles, defendants.

SHARP, Justice.

PLAINTIFF'S APPEAL

After the complaint, answer, bill of particulars, and plat were filed, it was revealed that, as to each of defendants' four tracts of land, there were two basic issues: (1) What land and appurtenances thereto, if any, was plaintiff taking in this action, and (2) what was just compensation for the property taken. With reference to (1), G.S. § 136-108 provides:

"Determination of issues other than damages.—...

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