DUKE POWER COMPANY v. HERNDON

No. 7514SC216.

217 S.E.2d 82 (1975)

26 N.C. App. 724

DUKE POWER COMPANY v. Fred J. HERNDON and wife et al.

Court of Appeals of North Carolina.

August 6, 1975.


Attorney(s) appearing for the Case

Newsom, Graham, Strayhorn, Hedrick, Murray & Bryson by James L. Newsom, James T. Hedrick, and K. Byron McCoy, Durham, for plaintiff.

Harriss, Ruis & Milligan by Ronald H. Ruis, Durham, for defendants.


BROCK, Chief Judge.

Prior to the hearing in the trial court, defendants filed a motion to dismiss this action for failure of plaintiff to join necessary parties defendant and, in the alternative, to bring in the additional parties.

The parties which defendants contend are necessary parties are Public Service Company of North Carolina and Durham and South Carolina Railroad Company. Defendants allege that Public Service is the holder of a 50 foot right-of-way...

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