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WATERS v. BIESECKER

No. 8222SC94.

298 S.E.2d 746 (1983)

H. Lee WATERS, Albert Lee Huff and Clifton Freedle v. Joe E. BIESECKER, Chairman, and Purcell Yarbrough and Edward Fowler, All Members of the City of Lexington Alcoholic Beverage Control Board, and the City of Lexington Alcoholic Beverage Control Board.

Court of Appeals of North Carolina.

January 4, 1983.

Attorney(s) appearing for the Case

Barnes, Grimes & Bunce by Jerry B. Grimes, Lexington, for plaintiff Albert Lee Huff.

DeLapp, Hedrick & Harp by Robert C. Hedrick, Lexington, for defendant City of Lexington Alcoholic Beverage Control Bd.

BECTON, Judge.

The issues on appeal are whether the trial court erred (1) in denying the Board's motion to dismiss based on (a) governmental immunity, and (b) plaintiff's failure to give notice to the City of Lexington of his claim within six months as required by N.C.Gen. Stat. § 1-539.15; and (2) in denying the Board's motions for directed verdict, to set aside the verdict, and for a new trial. Based on our review of the record and the applicable law, we find...

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