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BOARD OF TRANSP. v. PIERCE

No. 7928SC835.

269 S.E.2d 272 (1980)

48 N.C. App. 618

BOARD OF TRANSPORTATION v. Don F. PIERCE and wife, Mrs. Don F. Pierce; County of Buncombe; City of Asheville; James H. Craft and wife, Dorothy Marie Craft; Paul M. Young, Lessee; J. W. Young, Lessee; Young Associates, Inc., Lessee; G. F. Turner, Trustee; and First American National Bank of Nashville, Tennessee.

Court of Appeals of North Carolina.

September 2, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Alfred N. Salley, Raleigh, for the State.

Bennett, Kelly & Cagle by Harold K. Bennett, Asheville, for defendants-appellants.

WEBB, Judge.

The defendants appeal from an interlocutory order which they may do in this case. See Highway Commission v. Nuckles, 271 N.C. 1, 155 S.E.2d 772 (1967).

The appellants contend that the description in the 1938 judgment under which the State Highway and Public Works Commission acquired a right of way was not a proper description. The appellants argue that the right of way...

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