E.F. BLANKENSHIP CO. v. NORTH CAROLINA DEPT. OF TRANSP.

No. 205A86.

351 S.E.2d 293 (1987)

318 N.C. 685

E.F. BLANKENSHIP COMPANY v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION; William R. Roberson, Jr., Secretary, of the North Carolina Department of Transportation; and North Carolina State Highway Administrator, Billy Rose.

Supreme Court of North Carolina.

January 6, 1987.


Attorney(s) appearing for the Case

Blanchard, Tucker, Twiggs & Abrams, P.A. by Charles F. Blanchard and Donald R. Strickland, Raleigh, for plaintiff-appellant.

Lacy H. Thornburg, Atty. Gen. by Evelyn M. Coman, Asst. Atty. Gen., Raleigh, for defendants-appellees.


PER CURIAM.

The Court is evenly divided. Under these circumstances, following the uniform practice of this Court and the ancient rule of praesumitur pro negante, the decision of the Court of Appeals is affirmed, not as precedent but as the decision in this case.

AFFIRMED.

WEBB, J., did not participate in the consideration or decision...

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