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MASON v. NORTH CAROLINA STATE HIGHWAY COMMISSION

No. 768.

159 S.E.2d 574 (1968)

273 N.C. 36

Donald Ray MASON and Reliance Insurance Company v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

February 28, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Dep. Atty. Gen. Harrison Lewis, Asst. Atty. Gen. Henry T. Rosser and Staff Atty. Fred P. Parker, III, Raleigh, for defendant appellant.

Brooks & Brooks, Durham, for plaintiff appellees.

LAKE, Justice.

The record does not contain an express ruling by the majority of the Full Commission upon the motion of the claimants for the taking of further evidence and for permission to amend their affidavits. However, the memorandum of dissent by the unidentified commissioner, which is a part of the record, leads inescapably to the conclusion that the Full Commission did consider this motion and refused to allow it.

G.S. § 143-291 provides that the...

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