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IN RE LEE

No. 8611SC461.

354 S.E.2d 759 (1987)

In re Proceedings for the Condemnation of a Fee Simple Interest In Land Owned by R.D. LEE, Rachel Lee, W.R. Sorrell, Charles B. Lee, Margaret G. Lee, William D. Lee, Ann McLeod Lee, Johnnie G. Lee, Sherry W. Lee, Hazel F. Young, Isabella McKay Young, Becker Sand and Gravel Company, Inc., Dunn Production Credit Association, Edgar R. Bain, Trustee, and Mrs. Carol P. Parker, Executrix of the Estate of E.A. Parker.

Court of Appeals of North Carolina.

April 21, 1987.

Attorney(s) appearing for the Case

Bain and Marshall by Edgar R. Bain and Phillip A. Fusco, Lillington, for petitioner-appellee.

Johnson and Johnson, P.A. by W.A. Johnson, Lillington, for respondents-appellants.

PARKER, Judge.

Respondents assign as error the denial of their motion for a directed verdict and the denial of their post-trial motions for judgment n.o.v. and a new trial. Respondents also contend that the trial court erred in admitting certain expert testimony for the petitioner and in failing to instruct the jury on the proper measure of damages to be applied.

Respondents first argue that petitioner had no compensable interest in the condemned property...

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