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McDONALD'S CORP. v. DWYER

No. 355PA93.

450 S.E.2d 888 (1994)

338 N.C. 445

McDONALD'S CORPORATION, Plaintiff, and Lacy H. Thornburg, Attorney General of North Carolina, Intervenor, v. William D. DWYER, and wife, Hester T. Dwyer; Jerone C. Herring, Trustee for Branch Banking and Trust Company; Branch Banking and Trust Company; and Joni-Son Enterprises, Inc., Defendants.

Supreme Court of North Carolina.

December 9, 1994.

Attorney(s) appearing for the Case

Ward and Smith, P.A. by Kenneth R. Wooten, New Bern, for plaintiff-appellant.

Michael F. Easley, Atty. Gen. by James C. Gulick, Sp. Deputy Atty. Gen., for intervenor-appellant.

Moore & Van Allen by Joseph W. Eason, Denise Smith Cline and A. Bailey Nager, Raleigh, for defendant-appellees William D. Dwyer, Hester T. Dwyer, Jerone C. Herring as Trustee, and Branch Banking and Trust Co.

FRYE, Justice.

This case involves the ownership of land formerly subject to a railroad right-of-way easement which was abandoned by Seaboard Coastline Railroad prior to 19 June 1987. Defendants William D. Dwyer and wife, Hester T. Dwyer, have record title to the property at issue and have leased it to defendant Joni-Son Enterprises, Inc. Defendant Branch Banking and Trust Company holds a deed of trust on the Dwyers' property. Jerone C. Herring is the Trustee pursuant...

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