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NORTH CAROLINA STATE HIGHWAY COM'N v. HELDERMAN

No. 7329SC659.

201 S.E.2d 568 (1974)

20 N.C. App. 394

NORTH CAROLINA STATE HIGHWAY COMMISSION v. J. R. HELDERMAN and wife, Willie H. Helderman.

Court of Appeals of North Carolina.

January 9, 1974.

Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan by Deputy Atty. Gen., R. Bruce White, Jr. and Asst. Atty. Gen., Guy A. Hamlin, Raleigh, for plaintiff appellant.

Redden, Redden & Redden by Monroe M. Redden, Sr., and Monroe M. Redden, Jr., Hendersonville, for defendant appellees.

MORRIS, Judge.

Plaintiff's first assignment of error is directed to the action of the trial court in having a jury selected to try the issue of damages at a time when trial counsel for plaintiff was not in attendance at court. The record shows the court announced:

"Mr. Jim Richmond, Raleigh, North Carolina, appearing for the State Highway Commission on Monday, 12 March, 1973. Mr. Monroe Redden, Hendersonville, North Carolina, appearing for the defendants...

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