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SO. FURN. CO. OF CONOVER, INC. v. DEPT. OF TRANSP.

No. COA95-563.

468 S.E.2d 523 (1996)

SOUTHERN FURNITURE COMPANY OF CONOVER, INC., v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of North Carolina.

March 19, 1996.

Attorney(s) appearing for the Case

Keziah, Gates & Samet, L.L.P. by Andrew S. Lasine, High Point, for plaintiff-appellee.

Attorney General Michael F. Easley by Senior Deputy Attorney General Eugene A. Smith and Assistant Attorney General David R. Minges, for defendant-appellant Department of Transportation.

GREENE, Judge.

The North Carolina Department of Transportation (defendant) appeals from the trial court's 2 March 1995 order denying defendant's motion to dismiss pursuant to Rule 12(b)(1), (2), (6).

The predecessor in interest of Southern Furniture Company of Conover, Inc. (plaintiff) and defendant's predecessor in interest, the State Highway and Public Works Commission, entered a right-of-way agreement in 1953, with respect to access to U.S. 29/70 (highway...

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