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NORTHAMPTON COUNTY DRAINAGE DISTRICT NUMBER ONE, v. BAILEY

No. 576A88.

378 S.E.2d 796 (1989)

324 N.C. 336

NORTHAMPTON COUNTY DRAINAGE DISTRICT NUMBER ONE, Plaintiff, v. Larry Donald BAILEY, Jr. and wife, Maxine Spence Bailey; Betty Gatlin, Unmarried; Claude M. Fennell and wife, Brenda D. Fennell; Thomas L. Redd and wife, Connie B. Redd; Jesse B. Outlaw and wife, Dessie B. Outlaw; William Slade and wife, Kathleen Slade; James M. Bush and wife, Dorothy W. Bush; Thomas David Tann and wife, Vernear O. Tann; Jesse Lee Eason and wife, Lily M. Eason; Lucius Corneas Slade, Unmarried; Whallon Holloman and wife, Sawyer Holly Holloman; James O. Buchanan, Trustee for Farmer's Home Administration, lienholder; Joseph J. Flythe, Trustee for the Federal Land Bank of Columbia, lienholder; Thurman E. Burnete, Trustee for Farmer's Home Administration, lienholder; Joseph J. Flythe, Trustee for John M. Fields, lienholder, Defendants, and Manning P. Cooke, Agent, Robert Darrell Morris, John Southgate Vaughan, Phillip B. Parker and John D. Snipes, Jr., Intervenor-Defendants.

Supreme Court of North Carolina.

April 5, 1989.

Attorney(s) appearing for the Case

Charles J. Vaughan, Woodland, Baker, Jenkins & Jones, Ahoskie, for defendants.

Frank M. Wooten, Greenville, for plaintiff.

Daniel C. Oakley, Sp. Deputy Atty. Gen., Raleigh, for the State, amicus curiae.

Geo. Thomas Davis, Swan Quarter, for Hyde County Drainage District # 7, amicus curiae.

William P. Mayo, Washington, for Drainage Districts, amici curiae.

Robert B. Broughton, Gen. Counsel, N.C. Farm Bureau Federation, Inc., amicus curiae.

ORDER

Ex mero motu, the Court hereby withdraws its order of 4 January 1989, insofar as it dismissed the defendants' appeal based upon the existence of a substantial constitutional question, as provided by G.S. § 7A-30.

Accordingly, the Defendants' new brief, limited in scope to the issue which was the basis of the dissenting opinion in the Court of Appeals, the Constitutional Question presented in the notice of appeal, filed in this Court on...

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