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ATLANTIC & E. CAROLINA RY. CO. v. WHEATLY

No. COA03-515.

594 S.E.2d 425 (2004)

ATLANTIC AND EAST CAROLINA RAILWAY COMPANY, Plaintiff, v. WHEATLY OIL CO., INC., Defendant.

Court of Appeals of North Carolina.

April 20, 2004.

Attorney(s) appearing for the Case

Sumrell, Sugg, Carmichael, Hicks & Hart, P.A., by James R. Sugg and Arey W. Grady, III, New Bern, for the plaintiff-appellee.

Wheatly, Wheatly, Nobles, Weeks, Valentine & Lupton, P.A., by C.R. Wheatly, Jr. and C.R. Wheatly, III, Beaufort, for defendant-appellant.

Ward and Smith, P.A., by Frank H. Sheffield, Jr., New Bern, for North Carolina Railroad Company, amicus curiae.

HUDSON, Judge.

On 24 May 2002, Atlantic and East Carolina Railway ("Railway") filed a complaint seeking summary ejectment of Wheatly Oil Company, Inc. ("Wheatly") from property located at 2506 Arendall Street in Morehead City. Railway alleged that it owned a leasehold interest in the property, which it had sublet to Southern Outdoor Advertising, Inc. ("SOA"), which in turn had sublet the property to Wheatly. Railway alleged that as a result of the termination of the...

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