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MATTOX v. STATE

No. 7426SC40.

205 S.E.2d 364 (1974)

21 N.C. App. 677

Azalea MATTOX and husband, Tom Mattox v. STATE of North Carolina and North Carolina Department of Transportation and Highway Safety.

Court of Appeals of North Carolina.

June 5, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

Robertson & Brumley by Richard H. Robertson and A. Neal Brumley, Charlotte, for plaintiffs.

CARSON, Judge.

It is well founded that a sovereign State may be sued by a private individual only when the State has given permission to do so. Ferrell v. Highway Commission, 252 N.C. 830, 115 S.E.2d 34 (1960); Smith v. Hefner, 235 N.C. 1, 68 S.E.2d 783 (1952); Shipyard, Inc. v. Highway Comm., 6 N.C. App. 649

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