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ETHERIDGE v. GRAHAM

No. 712SC567.

188 S.E.2d 551 (1972)

14 N.C. App. 551

Thomas L. ETHERIDGE et al. v. James A. GRAHAM, Commissioner of Agriculture, State of North Carolina.

Court of Appeals of North Carolina.

May 24, 1972.

Attorney(s) appearing for the Case

Thorp & Etheridge by William D. Etheridge, Rocky Mount, for plaintiffs appellants.

Atty. Gen. Robert Morgan by Associate Attys. Gen. William Lewis Sauls and Christine A. Witcover, for defendant appellee.

BRITT, Judge.

It is not clear from the complaint whether plaintiffs are seeking to recover damages from James A. Graham, individually, occupying the office of Commissioner of Agriculture, or whether plaintiffs are seeking to recover from the State, i. e., the office of the Commissioner of Agriculture occupied by James A. Graham.

Assuming plaintiffs are proceeding against James A. Graham individually, in North Carolina a public officer cannot be held liable...

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