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PORTER v. SUBURBAN SANITATION SERVICE, INC.

No. 49.

196 S.E.2d 760 (1973)

283 N.C. 479

James PORTER v. SUBURBAN SANITATION SERVICE, INCORPORATED, and J. B. McBryde. SANITATION SERVICE, INC. v. SUBURBAN SANITATION SERVICE, INC., et al.

Supreme Court of North Carolina.

June 1, 1973.

Attorney(s) appearing for the Case

Boyce, Mitchell, Burns & Smith by Eugene G. Boyce, Raleigh, for Sanitation Service, Inc.

Ellis E. Page, Lumberton, for Robeson County.

W. Earl Britt, Lumberton, for James Porter.

Nye & Mitchell by Charles B. Nye, and John E. Bugg, Durham, and L. J. Britt & Son by Luther J. Britt, Jr., Lumberton, for defendants.

LAKE, Justice.

THE PLAINTIFFS' APPEALS

The plaintiffs content that authority to issue exclusive franchises to pick up, collect, transport and dispose of trash and other refuse, as well as garbage, was conferred upon the Board by G.S. § 153-272. The Superior Court concluded: (a) This statute authorizes the Board to grant an exclusive franchise for the collection and disposal of "garbage"; (b) this statute does not authorize the Board to grant an exclusive...

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