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DEPARTMENT OF TRANSP. v. OVERTON

No. 9211SC781.

433 S.E.2d 471 (1993)

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Dolph D. OVERTON, III, and wife, Sue H. Overton and CSX Transportation, Inc., Defendants.

Court of Appeals of North Carolina.

September 7, 1993.

Attorney(s) appearing for the Case

Attorney General Lacy H. Thornburg by Associate Atty. Gen. Emmett B. Haywood, Raleigh, for the State.

Maupin Taylor Ellis & Adams, P.A. by Charles B. Neely, Jr., Gilbert C. Laite, III, Raleigh, and Stephen H. Shook, Jacksonville, for defendant CSX Transportation, Inc.

Mast, Morris, Schulz & Mast, P.A. by George B. Mast and T. Michael Lassiter, Jr., Smithfield, for defendants Dolph D. Overton, III and Sue H. Overton.

LEWIS, Judge.

On 8 August 1989 the Department of Transportation (hereafter "DOT") filed complaints and the necessary declarations of taking and notices of deposit against Dolph Overton, III, his wife Sue Overton, and CSX Transportation, Inc. (hereafter "CSX"), seeking to condemn a roadway across CSX's main line railroad right of way. Although the Overtons are denominated as defendants in this action, they actually petitioned to have the road built and have fully cooperated...

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