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LAFAYETTE TRANSP. SERV., INC. v. COUNTY OF ROBESON

No. 7216SC750.

193 S.E.2d 464 (1972)

17 N.C. App. 210

Lafayette TRANSPORTATION SERVICE, INC. v. The COUNTY OF ROBESON et al.

Court of Appeals of North Carolina.

December 29, 1972.

Attorney(s) appearing for the Case

Musselwhite & Musselwhite by Fred L. Musselwhite and Charlie S. McIntyre, Jr., Lumberton, for plaintiff appellee.

Eugene Boyce, Raleigh, for defendant appellant Sanitation Services, Inc.

Ellis Page, Lumberton, for defendant appellant Robeson County.

W. Earl Britt, Fairmont, for defendant appellant James Porter.

HEDRICK, Judge.

The one question presented on this appeal is whether the trial judge correctly interpreted the intention of the legislature in enacting G.S. § 153-272 which provides:

"Control of private collectors.—The board of county commissioners of any county is hereby empowered to regulate the collection and disposal of garbage by private persons, firms, or corporations outside of the incorporated cities and towns of the county for...

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