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DICKERSON, INC. v. BD. OF TRANSPORTATION

No. 7510SC80.

215 S.E.2d 870 (1975)

26 N.C. App. 319

DICKERSON, INCORPORATED v. BOARD OF TRANSPORTATION (Formerly State Highway Commission).

Court of Appeals of North Carolina.

June 18, 1975.

Attorney(s) appearing for the Case

Koy E. Dawkins, Monroe, for plaintiff appellant.

Atty. Gen. Rufus L. Edmisten by Associate Attys. C. Diederich Heidgerd and Robert W. Kaylor, Raleigh, for the State.

MARTIN, Judge.

Much argument has been directed toward the trial court's denial of plaintiff's motion for summary judgment. This Court has held that ordinarily the denial of a motion for summary judgment does not affect a substantial right so that an appeal may be taken. Stonestreet v. Motors, Inc., 18 N.C. App. 527, 197 S.E.2d 579 (1973); Motyka v. Nappier, 9 N.C. App. 579,

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