VIRGINIA ELEC. AND POWER CO. v. TILLETT

No. 841SC624.

327 S.E.2d 2 (1985)

VIRGINIA ELECTRIC AND POWER COMPANY v. Marshall F. TILLETT, Jr., and wife, Blythe Tillett.

Court of Appeals of North Carolina.

March 19, 1985.


Attorney(s) appearing for the Case

Leroy, Wells, Shaw, Hornthal & Riley by Dewey W. Wells and Robert W. Bryant, Jr., Elizabeth City, for petitioner-appellee.

Shearin & Archbell by Roy A. Archbell, Jr., Kitty Hawk, for respondents-appellants.


EAGLES, Judge.

Respondents assign error to the entry of summary judgment for petitioners and state their first argument as follows: "Was the trial court precluded from ruling `as a matter of law' that respondents had no interest in the locus in quo when petitioner had judicially admitted that respondents owned an undivided interest" in the locus?"

This argument is based on the fact that VEPCO on several different occasions admitted that respondents...

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