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DEPARTMENT OF TRANSPORTATION v. BETTY M. FOX, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY HASSEL FOX; CAROL F. LONG AND HUSBAND, JAMES A. LONG, III; VIRGINIA ELOISE CLARK AND HUSBAND, ROBERT THURMAN CLARK

PER CURIAM.

For the reasons stated in the opinion by Arnold, J., for the Court of Appeals, relating to the issue arising under Power Co. v. Winebarger, 300 N.C. 57, 265 S.E.2d 227 (1980), the decision of the Court of Appeals is affirmed.

Affirmed.

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DEPARTMENT OF TRANSPORTATION v. FOX
(Nov 1, 1990)