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ALLEN v. MARTIN MARIETTA CORPORATION

No. 753SC249.

217 S.E.2d 112 (1975)

26 N.C. App. 700

Howard M. ALLEN and W. G. Allen, Jr. v. MARTIN MARIETTA CORPORATION.

Court of Appeals of North Carolina.

August 6, 1975.

Attorney(s) appearing for the Case

H. Horton Rountree, and James, Hite, Cavendish & Blount by Kenneth G. Hite, Greenville, for plaintiffs.

Joyner & Howison, Raleigh, and Speight, Watson & Brewer, Greenville by W. T. Joyner, Jr., and Odes L. Stroupe, Jr., Raleigh, for defendant.

BROCK, Chief Judge.

Those portions of the written agreement between Norfolk Southern Railway Company as lessor and defendant as lessee, dated 1 January 1967, which seem pertinent to this controversy are as follows:

"WITNESSETH: THAT WHEREAS Atlantic Coast Line Railroad has conveyed to Norfolk Southern Railway Company a portion of the right-of-way formerly operated as a part of the East Carolina Railway which said right-of-way conveyed to Norfolk Southern...

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