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BUILDERS SUPPLIES COMPANY OF GOLDSBORO, N. C. v. GAINEY

No. 728SC150.

189 S.E.2d 657 (1972)

14 N.C. App. 678

BUILDERS SUPPLIES COMPANY OF GOLDSBORO, NORTH CAROLINA, Inc. v. Norwood A. GAINEY.

Court of Appeals of North Carolina.

Certiorari Granted August 1, 1972.

Attorney(s) appearing for the Case

Smith & Everett, by James N. Smith, Goldsboro, for plaintiff appellant.

Taylor, Allen, Warren & Kerr, by John H. Kerr, III, Goldsboro, for defendant appellee.

Certiorari Granted by Supreme Court August 1, 1972.

MORRIS, Judge.

When this case was first presented for review on appeal, we simply labeled the interest involved as an "easement" for purposes of that decision. However, determination of this appeal requires, we think, a re-examination of the interest reserved in the 1952 deed. While commercial gravel belongs to the mineral kingdom in that it is inorganic and formed by nature alone, it is not regarded as a...

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