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Town of Hillsboro v. the Merchants and Farmers Bank and the Maryland Casualty Company.
Per Curiam.
The .Court being evenly divided in opinion, Brog-den, J-., having been of counsel for the defendant, Merchants and Farmers Bank, in the trial below, not sitting, the j’udgment of the court below is affirmed and stands, as the decision in this case without becoming a precedent, McCarter v. R. R., 187 N. C., 863.
Affirmed.