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PORTER v. NORTH CAROLINA DEPT. OF INS.

No. 7810SC387.

253 S.E.2d 44 (1979)

40 N.C. App. 376

Harry Francis PORTER t/a "Info" by Porter v. NORTH CAROLINA DEPARTMENT OF INSURANCE and Rufus L. Edmisten, Attorney General of North Carolina.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard L. Griffin, Raleigh, for the State.

Paul Stam, Jr., Raleigh, for plaintiff-appellee.

MORRIS, Chief Judge.

Plaintiff initiated his challenge to the validity of the rule promulgated by the Department of Insurance by filing suit for declaratory judgment in the Superior Court of Wake County. The Department of Insurance contends that the plaintiff was not entitled to seek relief in the superior court by declaratory judgment because inter alia plaintiff failed to exhaust his available administrative remedies as provided in the North Carolina Administrative...

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