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STATE HIGHWAY COMMISSION v. MODE

No. 68SC60.

163 S.E.2d 429 (1968)

2 N.C. App. 464

STATE HIGHWAY COMMISSION v. Thomas MODE and wife, Fannie Mode.

Court of Appeals of North Carolina.

October 9, 1968.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., by Harrison Lewis, Deputy Atty. Gen., for Highway Commission, plaintiff appellant.

Hamrick & Hamrick, by J. Nat Hamrick, Rutherfordton, for defendant appellees.

BROCK, Judge.

This case was first argued in this Court on 27 March 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 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 subject property; and to allege in...

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