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MacDONALD v. UNIVERSITY OF N. C. AT CHAPEL HILL

No. 36.

263 S.E.2d 578 (1980)

Alfred MacDONALD v. The UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL.

Supreme Court of North Carolina.

March 5, 1980.

Attorney(s) appearing for the Case

Maxwell, Freeman, Beason & Lambe, P.A. by James B. Maxwell and Robert A. Beason, Durham, for plaintiff-appellee.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Edwin M. Speas and Asst. Atty. Gen. Elizabeth C. Bunting, Raleigh, for defendant-appellant.

BRITT, Justice.

By its first assignment of error, defendant argues that the trial court erred in denying its motions to dismiss. Defendant contends that it is an agency of the State of North Carolina and thus enjoys the protection of sovereign immunity. The essence of its argument is that this court did not provide for retroactive application of the holding of the case of Smith v. State, 289 N.C. 303, 222 S.E...

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