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HAW RIVER LAND & TIMBER v. LAWYERS TITLE INS.

No. 97-2549.

152 F.3d 275 (1998)

HAW RIVER LAND & TIMBER COMPANY, INCORPORATED; George W. Riddle, Plaintiffs-Appellants, v. LAWYERS TITLE INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

ARGUED: Odes Lawrence Stroupe, Jr., Bode, Call & Stroupe, L.L.P., Raleigh, North Carolina, for Appellants. Curtis James Shipley, Moore & Van Allen, P.L.L.C., Raleigh, North Carolina, for Appellee. ON BRIEF: Anthony D. Taibi, Bode, Call & Stroupe, L.L.P., Raleigh, North Carolina; Joseph N. Callaway, Battle, Winslow, Scott & Wiley, P.A., Rocky Mount, North Carolina, for Appellants. David E. Fox, Moore & Van Allen, P.L.L.C., Raleigh, North Carolina, for Appellee.

Before NIEMEYER and HAMILTON, Circuit Judges, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge FABER joined. Judge HAMILTON wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

After Haw River Land & Timber Company, Inc., and George W. Riddle (collectively hereafter, "Haw River Timber") purchased the timber rights to 712 acres of land in Wake County, North Carolina, it learned that 179 acres lay within an environmental buffer zone created by a municipal...

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