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NORTH CAROLINA R. CO. v. CITY OF CHARLOTTE

No. 9226SC916.

437 S.E.2d 393 (1993)

112 N.C. App. 762

The NORTH CAROLINA RAILROAD COMPANY, Plaintiff, v. CITY OF CHARLOTTE and Norfolk Southern Railway Company, Defendants.

Court of Appeals of North Carolina.

December 7, 1993.

Attorney(s) appearing for the Case

Maupin Taylor Ellis & Adams, P.A. by Gilbert C. Laite, III, Raleigh, and Petree Stockton by David B. Hamilton, Charlotte, for plaintiff/cross-appellant/appellee North Carolina R. Co.

Jones, Hewson & Woolard by Harry C. Hewson, Charlotte, and Brooks, Pierce, McLendon, Humphrey & Leonard by Lennox P. McLendon, Jr., and James R. Saintsing, Greensboro, for defendant/appellant/cross-appellee Norfolk Southern Ry. Co.

Office of City Atty. by Catherine Cooper Williamson, and Laura A. Kratt, Charlotte, for defendant/cross-appellee City of Charlotte.

JOHNSON, Judge.

This action centers around a right of way dispute between two railroad companies, The North Carolina Railroad Company (NCRR) and Norfolk Southern Railway Company (NS),1 as to a tract of land in downtown Charlotte, North Carolina. The facts pertinent to this appeal are as follows:

NCRR owns a railroad line which runs across North Carolina, from Morehead City westward to a southern terminus point...

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