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FRENCH v. STATE HIGHWAY COMMISSION

No. 850.

159 S.E.2d 320 (1968)

273 N.C. 108

B. G. FRENCH v. STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

February 28, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Asst. Atty. Gen. Andrew H. McDaniel and John Wishart Campbell, Associate Counsel, Lumberton, for defendant appellant.

Dickson McLean, Jr., Lumberton, William T. Joyner and W. T. Joyner, Jr., Raleigh, for plaintiff appellee.

LAKE, Justice.

The provisions of the Right of Way Agreement executed by the plaintiff and his wife to the defendant, which are quoted in the foregoing statement of facts, are exactly the same as the corresponding provisions in the agreement which was before us in Kenco Petroleum Marketers Inc. v. State Highway Commission, 269 N.C. 411, 152 S.E.2d 508.

There, we said:

"In determining...

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