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DEPARTMENT OF TRANSP. v. BOLLINGER

No. COA95-207.

468 S.E.2d 796 (1996)

121 N.C. App. 606

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Rowe F. BOLLINGER and wife, Anita L. Bollinger, Defendants.

Court of Appeals of North Carolina.

February 20, 1996.

Attorney(s) appearing for the Case

Department of Transportation, Attorney General Michael F. Easley, by Assistant Attorney General, J. Bruce McKinney, for plaintiff appellee.

Sigmon, Clark, Mackie & Hutton, P.A., by Warren A. Hutton, Hickory, for defendant appellant.

ARNOLD, Chief Judge.

The defendants first argue that plaintiff attempted to amend its complaint by introducing into evidence the Right of Way Agreement and that defendants should have been afforded the opportunity to amend their answer in order to plead the defenses of failure of consideration, fraud and forgery. We disagree.

N.C.Gen.Stat. § 136-103(5) (1993) mandates that a complaint filed in a DOT condemnation action shall contain or have attached,...

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