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MATTERNES v. CITY OF WINSTON-SALEM

No. 74.

209 S.E.2d 481 (1974)

286 N.C. 1

James Russell MATTERNES, Executor of the Estate of Gwendolyn Porter Matternes, Deceased, et al. v. CITY OF WINSTON-SALEM.

Supreme Court of North Carolina.

November 26, 1974.

Attorney(s) appearing for the Case

William G. Pfefferkorn, Charles O. Peed, and M. Beirne Minor, Winston-Salem, for plaintiffs.

Womble, Carlyle, Sandridge & Rice by W. F. Womble, Allan R. Gitter, and Roddey M. Ligon, Jr., Winston-Salem, for defendant.

LAKE, Justice.

Upon this appeal, we do not reach the question of whether the city was negligent or otherwise broke its contract with the Board of Transportation, formerly called the State Highway Commission. The trial court granted summary judgment for the city on the ground that if the city, having so contracted with the Board of Transportation, failed in all of the respects alleged in the complaints, the plaintiffs have...

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