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CANNON v. CITY OF WILMINGTON

No. 171.

89 S.E.2d 595 (1955)

242 N.C. 711

W. A. CANNON v. CITY OF WILMINGTON, North Carolina, and North Carolina State Highway and Public Works Commission.

Supreme Court of North Carolina.

October 12, 1955.

Attorney(s) appearing for the Case

W. P. Burkhimer, Wilmington, for plaintiff, appellant.

Wm. B. Campbell and Louis J. Poisson, Jr., Wilmington, for defendant City of Wilmington, appellee.

R. Brookes Peters, General Counsel, Raleigh, and Louis J. Poisson, Jr., Associate Counsel, Wilmington, for defendant North Carolina State Highway and Public Works Commission, appellee.

BOBBITT, Justice.

The State Highway and Public Works Commission is an unincorporated governmental agency of the State and not subject to suit except in the manner expressly authorized by statute. Moore v. Clark, 235 N.C. 364, 70 S.E.2d 182, and cases cited. Hence, the demurrer of the defendant Commission, grounded on the court's lack of jurisdiction to entertain this action against it, was properly...

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