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MITCHELL v. NORTH CAROLINA INDUS. DEVELOP. FIN. AU.

No. 532.

159 S.E.2d 745 (1968)

273 N.C. 137

George C. MITCHELL, on behalf of himself and all others of the same or like class, Plaintiff-Appellant, v. NORTH CAROLINA INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY, a body politic and corporate, and Wayne Corpening, Director of the Department of Administration for the State of North Carolina, G. Andrew Jones, Jr., State Budget Officer for the State of North Carolina, and G. H. Brooks, State Disbursing Officer for the State of North Carolina, Defendants-Appellees.

Supreme Court of North Carolina.

March 6, 1968.

Attorney(s) appearing for the Case

Johnson & Gamble, Raleigh, for plaintiff appellant.

Atty. Gen., T. Wade Bruton and Deputy Atty. Gen., Harry McGalliard for Wayne Corpening, G. Andrew Jones, Jr., and G. H. Brooks, defendant appellees.

Herman Wolff, Jr., Raleigh, for North Carolina Industrial Development Financing Authority, defendant appellee.

SHARP, Justice.

This case, brought to test the constitutionality of the North Carolina Industrial Development Financing Act, does not call into question the actual operation of Authority nor does it involve the validity or tax status of any bond issue, for no bonds have been issued. As the Wisconsin court said in State ex rel. Bowman v. Barczak, 34 Wis.2d 57, 148 N.W.2d 683, 687, "The case before us involves only a threshold expenditure...

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