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STATE HIGHWAY COMMISSION v. MATTHIS

No. 68SC50.

163 S.E.2d 35 (1968)

2 N.C. App. 233

STATE HIGHWAY COMMISSION and City of Wilson v. M. H. MATTHIS and wife, Frances D. Matthis, Jule D. Forbes and wife, Lottie E. Forbes, L. H. Gibbons, Trustee, and Dixie R. Smith.

Court of Appeals of North Carolina.

September 18, 1968.

Attorney(s) appearing for the Case

Thomas Wade Bruton, Atty. Gen., Harrison Lewis, Deputy Atty. Gen., and Robert G. Webb, Wilson, Trial Atty., for plaintiff appellee State Highway Commission.

Lucas, Rand, Rose, Meyer & Jones, by Z. Hardy Rose, Wilson, and on reargument, David S. Orcutt, Raleigh, for the City of Wilson.

Robert B. Morgan, Lillington, and Carr & Gibbons, by L. H. Gibbons, Wilson, for defendant appellants.

MALLARD, Chief Judge.

This case was first argued in this court on 24 April 1968. Thereafter on 23 May 1968 and pursuant to the provisions of Rule 31 of the Rules of Practice in this court, it was ordered by the court that the case be set for reargument during the week of 2 September 1968. It was reargued as ordered upon the following questions:

"(1) Under G.S. Chaps. 40 and 136, is it necessary for the condemnor to make a good faith attempt to purchase the...

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