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TILGHMAN v. WEST OF NEW BERN VOLUNTEER, ETC.

No. 7610IC785.

233 S.E.2d 598 (1977)

32 N.C. App. 767

Henrietta W. TILGHMAN, Widow, et al. v. WEST OF NEW BERN VOLUNTEER FIRE DEPARTMENT, Non-Insurer, and/or Craven County, Employer, Niagara Fire Insurance Company, Carrier.

Court of Appeals of North Carolina.

April 6, 1977.

Attorney(s) appearing for the Case

Lee, Hancock & Lassiter by C. E. Hancock, Jr., New Bern, for plaintiffs.

Teague, Johnson, Patterson, Dilthey & Clay by C. Woodrow Teague, Robert M. Clay, and Robert W. Sumner, Raleigh, for Craven County and Niagara Fire Ins. Co.

Ward & Smith, P.A. by Michael P. Flanagan, New Bern, for West of New Bern Volunteer Fire Depart.

MARTIN, Judge.

The determinative question presented by this appeal is whether there was a contract between Craven County and the residents of New Bern Fire Protection District with regard to fire protection services.

The Full Commission seems to have held that when the Craven County Board of County Commissioners began levying and collecting taxes within the West of New Bern Fire Protection District, it entered into a contractual arrangement whereby the county...

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