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N.C. DEPT. OF TRANSP. v. DAVENPORT

No. 9110SC942.

423 S.E.2d 327 (1992)

108 N.C. App. 178

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION v. Ronald E. DAVENPORT.

Court of Appeals of North Carolina.

December 1, 1992.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Patsy Smith Morgan, Raleigh, for appellant.

Crisp, Davis, Schwentker, Page, Currin & Nichols by M. Jackson Nichols and Lynn Fontana, Raleigh, for appellee.

ARNOLD, Judge.

Initially it may be noted that this is a proper appeal even though it was taken from an interlocutory order. D.O.T. moved to dismiss on the ground of governmental immunity, and we have previously held that "an immediate appeal lies under N.C.Gen. Stat. § 1-277(b) for the court's refusal to dismiss a suit against the state on the grounds of governmental immunity." Stahl-Rider, Inc. v. State, 48 N.C. App. 380...

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