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MARTIN MARIETTA CORP. v. FORSYTHE COUNTY

No. 8221SC1076.

309 S.E.2d 523 (1983)

MARTIN MARIETTA CORPORATION v. FORSYTHE COUNTY ZONING BOARD OF ADJUSTMENT, George D. Binkley, Jr., Robert H. Colley, Wallace L. Shelton, H.B. Goodson, Johnne Armentrout and Amos E. Speas.

Court of Appeals of North Carolina.

December 6, 1983.

Attorney(s) appearing for the Case

P. Eugene Price, Jr. and Jonathan V. Maxwell, Winston-Salem, for respondents-appellants.

No brief filed for petitioner-appellee.

WHICHARD, Judge.

Because petitioner withdrew its cross appeal, the order, except for the portion from which respondents appeal, has become the law of the case. Whether it is correct or erroneous, the parties are bound by it. Gower v. Insurance Co., 281 N.C. 577, 580, 189 S.E.2d 165, 167 (1972); see also Gaskins v. Insurance Co., 260 N.C. 122, 124,

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