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CITY OF DURHAM v. BATES

No. 770.

160 S.E.2d 60 (1968)

273 N.C. 336

CITY OF DURHAM v. Thurston BATES and wife, Dora Bates.

Supreme Court of North Carolina.

March 20, 1968.

Attorney(s) appearing for the Case

Claude V. Jones and S. F. Gantt, Durham, for plaintiff appellee.

Nathaniel L. Belcher, George L. Bumpass, E. R. Avant, Durham, and Franklin M. Moore, Laurinburg, for defendant appellants.

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, and Asst. Atty. Gen. Andrew H. McDaniel, for amici curiae on Behalf of The State Highway Commission.

BRANCH, Justice.

Defendants attack the constitutionality of Chapter 136, Article 9, and contend that the trial court was without jurisdiction to enter the order putting plaintiff in possession of the property. They also contend that there was error in that plaintiff failed to comply with the requirements of a portion of Chapter 136, Article 9, to wit, G.S. § 136-104.

Defendants petitioned to withdraw the sum of $8,500.00 from the sum of $8,650.00 which...

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