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  5. 266 S.E.2d 645 (1980)
 

MATTER OF BROAD AND GALES CREEK COM. ASS'N

No. 101.

266 S.E.2d 645 (1980)

In the Matter of the Appeal from the Denial of the Application to Dredge and/or Fill of the BROAD AND GALES CREEK COMMUNITY ASSOCIATION.

Supreme Court of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Davis & Nobles by Warren J. Davis, Beaufort, for appellant Rugumak, Ltd.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. W. A. Raney, Jr., Raleigh, for appellant Marine Fisheries Commission.

Bennett, McConkey & Thompson, P. A. by Thomas S. Bennett, Morehead City, for appellee.

COPELAND, Justice.

Six questions are presented for our consideration. The first issue is whether the Court of Appeals erred in failing to dismiss the applicant's appeal to that court due to a failure to properly serve notice of appeal on the opposing party. The Court of Appeals did not address this issue. Nevertheless, "[a] party who was an appellee in the Court of Appeals and is an appellant in the Supreme Court [Rugumak, Ltd.] may present in his brief . . . any...

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