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LYON & SONS v. N. C. STATE BOARD OF EDUCATION

No. 750.

76 S.E.2d 553 (1953)

238 N.C. 24

LYON & SONS, Inc. v. N. C. STATE BOARD OF EDUCATION et al.

Supreme Court of North Carolina.

June 12, 1953.

Attorney(s) appearing for the Case

Henry Bane, Durham, for plaintiff, appellant.

Harry McMullan, Atty. Gen., Claude L. Love, Asst. Atty. Gen. and Gerald F. White, Member of Staff, Raleigh, for defendant, appellees.

PARKER, Justice.

This question is presented for our decision: Does the right of subrogation exist under the provisions of Ch. 1059, Session Laws N.C.1951, codified as G.S. § 143-291 et seq. and known as Tort Claims against State Departments and Agencies? The exact question presented is of first impression in our State.

The pertinent parts of Ch. 1059, N.C.Session Laws 1951, are as follows: Sec. 1: The State Industrial Commission is hereby constituted...

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