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RJR TECHNICAL CO. v. PRATT

No. 926SC1060.

439 S.E.2d 176 (1994)

RJR TECHNICAL COMPANY, aka R.J.R. Technical Company, a Corporation, Plaintiff, State of North Carolina, ex rel, William W. Cobey, Jr., Secretary of the Department of Environment, Health and Natural Resources, Intervenor-Plaintiff, v. Terry PRATT and Eugene Lee, Defendants, William Cullen CAPEHART, Plaintiff, State of North Carolina, ex rel, William W. Cobey, Jr., Secretary of the Department of Environment, Health and Natural Resources, Intervenor-Plaintiff, v. RJR TECHNICAL COMPANY, aka, R.J.R. Technical Company, a Corporation, Defendant.

Court of Appeals of North Carolina.

February 1, 1994.

Attorney(s) appearing for the Case

Mary E. Ward, Winston-Salem, and Pritchett, Cooke & Burch, by W.L. Cooke, Windsor, for plaintiff-appellee.

Atty. Gen., Lacy H. Thornburg, by Sp. Deputy Atty. Gen., Daniel F. McLawhorn and Sp. Deputy Atty. Gen., J. Allen Jernigan, Raleigh, for the State.

MARTIN, Judge.

These cases involve conflicting claims between plaintiff, RJR Technical Company (hereinafter RJR) and the State of North Carolina to two adjacent tracts of submerged land lying entirely beneath the navigable waters of the Albemarle Sound in Bertie County, known as the "Black Walnut Farm" water grant (containing approximately 568 acres) and the "Avoca Farm" water grant (containing approximately 620 acres). The parties agree that the lands in dispute...

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