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COGDILL v. NORTH CAROLINA STATE HIGHWAY COM'N

No. 100.

182 S.E.2d 373 (1971)

279 N.C. 313

C. M. COGDILL v. NORTH CAROLINA STATE HIGHWAY COMMISSION. George G. WESTFELDT, Jr. v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

July 30, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. R. Bruce White, and Asst. Atty. Gen. Andrew McDaniel, for defendant appellant.

Bennett, Kelly & Long and Van Winkle, Buck, Wall, Starnes & Hyde, Asheville, for plaintiff appellees.

MOORE, Justice.

The parties stipulated that the hearing before Judge Thornburg was for a determination of all issues except damages, under G.S. § 136-108.

G.S. § 136-108 provides:

"Determination of issues other than damages.—After the filing of the plat, the judge, upon motion and ten (10) days' notice by either the Highway Commission or the owner, shall, either in or out of term, hear and determine any and all issues raised by the...

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