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SMITH v. STATE

No. 70.

222 S.E.2d 412 (1976)

289 N.C. 303

C. Capers SMITH v. STATE of North Carolina et al.

Supreme Court of North Carolina.

March 2, 1976.

Attorney(s) appearing for the Case

Hatcher, Sitton & Powell and James J. Booker, Winston Salem, for plaintiff-appellee.

Blanchard, Tucker, Denson & Cline by Charles F. Blanchard, Raleigh, for Joe K. Byrd.

James H. Carson, Jr., Atty. Gen., and Parks H. Icenhour, Asst. Atty. Gen., Raleigh, for defendants-appellants.

SHARP, Chief Justice:

Appellants' first assignment of error challenges the trial court's denial of their motion to dismiss made on the grounds (1) that the State of North Carolina is the real party in interest, and (2) that its sovereign immunity bars plaintiff's action against both the State and the individual defendants, who were State officials acting within the scope of their official authority and in the exercise of the discretion invested in them by virtue of...

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