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MEBANE v. BOARD OF MEDICAL EXAMINERS

No. 818SC366.

286 S.E.2d 112 (1982)

Dorothy G. MEBANE, M. D. v. BOARD OF MEDICAL EXAMINERS OF the STATE of North Carolina.

Court of Appeals of North Carolina.

January 19, 1982.

Attorney(s) appearing for the Case

Hulse & Hulse by Herbert B. Hulse, Goldsboro, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by John H. Anderson and Michael E. Weddington, Raleigh, for defendant-appellee.

CLARK, Judge.

In its motion to dismiss, defendant asserted that the complaint failed to state a claim upon which relief could be granted in that the action was against an official agency of the State of North Carolina and, therefore, under the doctrine of sovereign immunity, it could not be maintained. In effect the defendant's motion to dismiss sets out two separate defenses: (1) failure to state a claim upon which relief could be granted pursuant to Rule 12(b)(6...

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