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PRICE v. N.C. DEPT. OF CORRECTION

No. 9010IC986.

406 S.E.2d 906 (1991)

103 N.C. App. 609

James E. PRICE, Sr., Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Defendant.

Court of Appeals of North Carolina.

August 6, 1991.

Attorney(s) appearing for the Case

James E. Price, Sr., pro se.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Kim L. Cramer, Raleigh, for defendant-appellant.

ORR, Judge.

The dispositive issue on appeal is whether the Industrial Commission erred in awarding plaintiff specific performance for defendant's negligence pursuant to N.C. Gen.Stat. § 143-291. For the following reasons, we hold that the Commission erred and affirm in part, reverse in part and remand for entry of damages not inconsistent with this opinion.

The following facts are pertinent to this case on appeal. On 30 September 1988, plaintiff, an inmate...

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