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BLANKENSHIP CONST. CO. v. N. C. STATE HWY. COM'N

No. 7526SC727.

222 S.E.2d 452 (1976)

28 N.C. App. 593

BLANKENSHIP CONSTRUCTION COMPANY and Beatrice Blankenship, Executrix under the Will of A. V. Blankenship, Deceased v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Court of Appeals of North Carolina.

March 3, 1976.

Attorney(s) appearing for the Case

Greene, Buckley, DeRieux & Jones by Ferdinand Buckley, James A. Eichelberger and Frank E. Jenkins, III, Atlanta, Ga., and Kennedy, Covington, Lobdell & Hickman by Hugh L. Lobdell, Charlotte, for plaintiffs.

Atty. Gen. Rufus L. Edmisten by Eugene A. Smith, Sp. Deputy Atty. and Robert W. Kaylor, Associate Atty., Raleigh, for defendant.

BROCK, Chief Judge.

It is appropriate to preface this opinion by acknowledging the well-established rule that the Commission is not subject to suit except in the manner provided by statute. Teer Co. v. Highway Commission, 265 N.C. 1, 143 S.E.2d 247 (1965). General Statute 136-29 establishes the procedure for the settlement of claims against the Commission by a contractor who has not received...

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