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NEWS AND OBSERVER PUBLISHING CO. v. WAKE COUNTY HOSPITAL SYSTEM

No. 8110SC274.

284 S.E.2d 542 (1981)

The NEWS AND OBSERVER PUBLISHING COMPANY, a Corporation, Frank A. Daniels, Jr., Claude Sitton, and Joye Brown v. WAKE COUNTY HOSPITAL SYSTEM, INC., Etta S. Creech, Marjorie B. Debnam, Curtis M. Thompson, Harvey L. Montague, J. T. Lindley, Odell C. Kimbrell, Jr., M.D., Rex G. Powell, M. Edmund Aycock, James Michael Weeks, and William F. Andrews, Sr.

Court of Appeals of North Carolina.

December 1, 1981.

Attorney(s) appearing for the Case

Lassiter & Walker by William C. Lassiter, Raleigh, for plaintiffs-appellees.

Hollowell, Silverstein & Brady by Edward E. Hollowell and Bruce D. Mitchell; and Harris, Cheshire, Leager & Southern by W. C. Harris Jr., Raleigh, for defendants-appellants.

HILL, Judge.

On 25 May 1955, the Wake County Board of Commissioners [hereinafter referred to as the Commissioners] followed the recommendation of a "hospital survey" ordered by them in 1954 and created the Wake County Hospital Authority [hereinafter referred to as the Authority]. One county commissioner and six other citizens were named to the board of trustees of the Authority. By resolution on 18 July 1955, the Commissioners vested in the Authority "duties and powers...

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