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N. CAR. ST. HWY. COM'N v. MILLS MFG. CO.

No. 7428SC563.

211 S.E.2d 460 (1975)

24 N.C. App. 478

NORTH CAROLINA STATE HIGHWAY COMMISSION v. MILLS MANUFACTURING COMPANY.

Court of Appeals of North Carolina.

Certiorari Denied and Appeal Dismissed April 2, 1975.

Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr. by Deputy Atty. Gen. R. Bruce White, Jr. and Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for plaintiff appellee.

Bennett, Kelly & Cagle, P. A. by E. Glenn Kelly, Asheville, for defendant appellant.

PARKER, Judge.

Article 6D of G.S. Chap. 136, entitled "Controlled-Access Facilities," contains the following:

G.S. § 136-89.49: Definitions.— When used in this Article: * * * * * * "(2) `Controlled-access facility' means a State highway, or section of State highway, especially designed for through traffic, and over, from or to which highway owners or occupants of abutting property, or others, shall have only a controlled...

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