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NORTH CAROLINA STATE HIGHWAY COM'N v. THOMAS

No. 68SC224.

163 S.E.2d 649 (1968)

2 N.C. App. 679

NORTH CAROLINA STATE HIGHWAY COMMISSION v. Nannie B. Meadows THOMAS and husband, Fred Thomas; Dr. Harold Keener; W. T. Bennett, t/d/b/a Bennett's Drug Store.

Court of Appeals of North Carolina.

October 23, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. Wade Bruton, Deputy Atty. Gen. Harrison Lewis and Asst. Atty. Gen. Andrew McDaniel for the State.

Harold K. Bennett, Asheville, for Defendant Appellants.

BRITT, Judge.

Defendants assign as error numerous portions of the trial judge's charge to the jury, including the following:

"Now, gentlemen of the jury, all the landowners claim is that their property shall not be taken for public use without just compensation. Just compensation is had when the balance is struck between the damages, if any, suffered by the landowners."

The amount of compensation due defendants for the taking of their property was...

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