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BURGESS v. YOUR HOUSE OF RALEIGH, INC.

No. 235PA89.

388 S.E.2d 134 (1990)

326 N.C. 205

Scott D. BURGESS v. YOUR HOUSE OF RALEIGH, INC.

Supreme Court of North Carolina.

February 7, 1990.

Attorney(s) appearing for the Case

Erdman, Boggs & Harkins by Harry H. Harkins, Jr., Durham, and Crisp, Davis, Schwentker, Page & Currin by Lynn Fontana, Raleigh, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Richard T. Boyette, and Moore & Van Allen by William D. Dannelly, Raleigh, for defendant-appellee.

Tharrington, Smith & Hargrove by Burton Craige, Raleigh, for North Carolina Civil Liberties Union Legal Foundation.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Julian D. Bobbitt, Jr. and Maureen Kelley O'Connor, Raleigh, for North Carolina Medical Society and American Medical Association, amici curiae.

MEYER, Justice.

We note from the outset that the issues raised in this case would, if the action had been commenced after the effective date of recent amendments to the North Carolina Communicable Disease Act, N.C.G.S. § 130A-148(h)-(j) (1989), be decided under that act. These provisions, which establish protections for those persons who test positive for the HIV virus, became effective 1 October 1989, subsequent to the filing of plaintiff's complaint and to...

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