BIDDIX v. HENREDON FURNITURE INDUSTRIES, INC.

No. 8424SC1245.

331 S.E.2d 717 (1985)

Terry Bruce BIDDIX v. HENREDON FURNITURE INDUSTRIES, INC.

Court of Appeals of North Carolina.

July 16, 1985.


Attorney(s) appearing for the Case

Lloyd Hise, Jr., Spruce Pine, for plaintiff.

Haynsworth, Baldwin, Miles, Johnson, Greaves and Edwards by Joseph A. Rhodes, Jr., Greenville, and Watson and Hunt by Frank H. Watson, Spruce Pine, for defendant.


WELLS, Judge.

Plaintiff brings forth one assignment of error in which he contends that the question for our review is "[w]hether the Water Use Act of 1967, ... preempted the common law claims of nuisance and continuing trespass based on damage to real property resulting from alleged stream pollution?" Defendant asserts that the question presented is whether the Federal Water Pollution Control Act and the North Carolina Water Use Act of 1967 "preempt the common law...

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