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NORTH CAROLINA STATE PORTS A. v. SOUTHERN FELT CORP.

No. 68SC49.

161 S.E.2d 47 (1968)

1 N.C. App. 231

NORTH CAROLINA STATE PORTS AUTHORITY v. SOUTHERN FELT CORPORATION and Lloyd A. Fry Roofing Company.

Court of Appeals of North Carolina.

May 15, 1968.

Attorney(s) appearing for the Case

Atty. Gen., Thomas Wade Bruton, Asst. Atty. Gen., Parks H. Icenhour, and White, Hooten & White, Kinston, for plaintiff appellant.

Wheatly & Bennett, Beaufort, and Brooks & Brooks, Durham, for defendants appellees.

PARKER, Judge.

The sole question presented by this appeal is whether the North Carolina State Ports Authority must obtain prior approval of the Governor and Council of State before instituting proceedings to condemn land for its authorized purposes and, if so, whether it must affirmatively plead such prior approval in its complaint in any condemnation action instituted by it.

G.S., Chap. 143, Art. 22, provides for the creation, purposes, powers and jurisdiction...

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