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HARRELL v. CITY OF WINSTON-SALEM

Nos. 7421SC259, 7421SC260.

206 S.E.2d 802 (1974)

22 N.C. App. 386

Victor H. HARRELL and wife, Kathleen A. Harrell, v. The CITY OF WINSTON-SALEM et al. Victor H. HARRELL and wife, Kathleen A. Harrell, v. The CITY OF WINSTON-SALEM.

Court of Appeals of North Carolina.

July 17, 1974.

Attorney(s) appearing for the Case

W. Warren Sparrow, Winston-Salem, for plaintiffs appellants.

Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, for defendants appellees.

HEDRICK, Judge.

While the summary judgment appealed from appears to apply to both cases filed by plaintiffs, it obviously does not apply to the case filed 20 June 1973, since that case was dismissed by the order of the Superior Court dated 11 July 1973; and the plaintiffs did not except to or appeal from that order, nor did the plaintiffs except to or appeal from the order vacating the writ of certiorari and the restraining order. Furthermore, when these cases were...

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