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EAST CAROLINA LUMBER COMPANY, INC. v. WHITFORD

No. 92.

89 S.E.2d 382 (1955)

242 N.C. 730

EAST CAROLINA LUMBER COMPANY, Inc. v. G. A. WHITFORD, Jr., Administrator, c/t/a of the Estate of G. A. Whitford, Deceased; Sarah Lucretia Whitford; G. A. Whitford, Jr., and wife, Lula Ipock Whitford; Vera Whitford Toler and husband, Isiah W. Toler; Craven County, a body politic and corporate; B. W. Jones, Trustee, and T. D. Warren, Jr., Receiver. CID Craven County 6285.

Supreme Court of North Carolina.

October 12, 1955.

Attorney(s) appearing for the Case

B. B. Hollowell, Bayboro, R. E. Whitehurst, W. B. R. Guion, R. A. Nunn, Barden, Stith & McCotter, and Ward & Tucker, New Bern, for defendants, appellants.

Willcox, Hardee, Houck & Palmer, Florence, McClelland & Burney, Wilmington, and Jones, Reed & Griffin, Kinston, for plaintiff, appellee.

PER CURIAM.

The judgment overruling the demurrers will be upheld in this case on authority of what is said in the opinion filed simultaneously herewith in East Carolina Lumber Co. v. Pamlico County, N. C., 89 S.E.2d 381, which is precisely decisive of the question raised by the instant appeal. Decision here will control the consolidated companion cases referred to in the stipulation appearing in the record.

Affirmed.

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