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COGGINS v. CITY OF ASHEVILLE

No. 14.

180 S.E.2d 149 (1971)

278 N.C. 428

George B. COGGINS on behalf of himself and other taxpayers of the City of Asheville v. CITY OF ASHEVILLE and Ranger Construction Company.

Supreme Court of North Carolina.

April 14, 1971.

Attorney(s) appearing for the Case

Bennett, Kelly & Long by E. Glenn Kelly, Asheville, for plaintiff-appellant.

Williams, Morris & Golding, by James N. Golding, Corp. Counsel, for City of Asheville.

Van Winkle, Buck, Wall, Starnes & Hyde by Herbert L. Hyde, Asheville, for Ranger Construction Co.

HIGGINS, Justice.

In this action the plaintiff asked the court, (1) to restrain the defendants from performing their contract inter se; and (2) to restrain the City of Asheville from issuing bonds or using the bond proceeds to finance the contract. The evidentiary facts are not in dispute. However, only the ultimate facts found by the court and its conclusions of law based thereon are challenged.

In cases involving a temporary rather than a permanent restraining...

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