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EEE-ZZZ LAY DRAIN CO. v. DEPT. OF HUMAN RES.

No. 9129SC882.

422 S.E.2d 338 (1992)

108 N.C. App. 24

EEE-ZZZ LAY DRAIN COMPANY, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES; Transylvania County Health Department; Steven Berkowitz, Individually; Steve Steinbeck, Individually; and Terry Pierce, Individually.

Court of Appeals of North Carolina.

November 3, 1992.

Attorney(s) appearing for the Case

West and Banks by Phillip S. Banks, III, Winston-Salem, for plaintiff-appellee.

Attorney General Lacy H. Thornburg by Asst. Atty. Gen. Mabel Y. Bullock, for defendants-appellants North Carolina Dept. of Human Resources (now, North Carolina Dept. of Environment, Health, and Natural Resources), Steven Berkowitz and Steve Steinbeck.

Womble Carlyle Sandridge & Rice by James R. Morgan, Jr., Winston-Salem, for defendants-appellants Transylvania County Health Dept. and Terry Pierce.

LEWIS, Judge.

By this appeal we evaluate whether the trial court properly denied defendants' motions to dismiss and for summary judgment based upon immunity. We hold that the trial court erred in denying these motions, and therefore reverse and remand.

This case centers around an innovative sewage system invented and patented by the owners of plaintiff EEE-ZZZ Lay Drain Company. Plaintiff is in the business of designing, building, selling and servicing sewage...

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