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SMITH v. STATE

No. 61.

257 S.E.2d 399 (1979)

C. Capers SMITH v. STATE of North Carolina, James Holshouser, Governor, Joe K. Byrd, Chairman, State Board of Mental Health, et al.

Supreme Court of North Carolina.

September 4, 1979.

Attorney(s) appearing for the Case

Hatcher, Sitton, Powell & Settlemyer by Claude S. Sitton, Morganton and James J. Booker, Winston Salem, for plaintiff.

Rufus L. Edmisten, Atty. Gen., and William F. O'Connell, Sp. Deputy Atty. Gen., Raleigh, for the State.

SHARP, Chief Justice.1

This is the second time this case has come before this Court for review. Smith v. State, 289 N.C. 303, 222 S.E.2d 412 (1976). Plaintiff's original complaint was filed 24 July 1973 in Burke County Superior Court. Defendants moved to dismiss the action pursuant to G.S. 1A-1, Rule 12(b) on the grounds...

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