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N.C. STATE TREASURER v. CITY OF ASHEVILLE

No. 8228SC247.

300 S.E.2d 283 (1983)

61 N.C. App. 140

NORTH CAROLINA STATE TREASURER, Plaintiff v. CITY OF ASHEVILLE, a Municipality, and Cumberland County Auditorium Commission, a Public Corporation, Defendants and Kathleen M. Long, Ancillary Administratrix of the Estate of Elvis Presley, and Jerry Weintraub, Intervenors.

Court of Appeals of North Carolina.

March 1, 1983.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Sp. Deputy Atty. Gen., Charles J. Murray, Raleigh, for the State.

Tally & Tally by John C. Tally, Fayetteville, for intervenors-appellees, Kathleen M. Long, Ancillary Administratrix of the Estate of Elvis Presley, and Jerry Weintraub.

Patla, Straus, Robinson & Moore by Jones P. Byrd, Asheville, for defendant-appellee, City of Asheville.

Garris Neil Yarborough, Fayetteville, for defendant-appellee, Cumberland Memorial Auditorium Com'n.

HILL, Judge.

We address the question whether the unrefunded ticket proceeds have become derelict property subject to possession by the State Treasurer. We conclude the property is not derelict and therefore affirm the decision of the trial court.

The City of Asheville and Cumberland County Memorial Auditorium refunded the purchase price of the tickets to those making demand, but many ticket holders elected to retain their tickets, leaving the proceeds in the...

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