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STATE EX REL. COBEY v. BALLARD

No. 923SC550.

429 S.E.2d 735 (1993)

110 N.C. App. 486

STATE of North Carolina, ex rel., William W. COBEY, Jr., Secretary, North Carolina Department of Environment, Health, and Natural Resources, and the Environmental Management Commission, Plaintiff, v. A.J. BALLARD, Jr.; Joyce D. Ballard, as trustee for A.C. Ballard; Gary Allen Ballard; A.J. Ballard, Jr. Tire & Oil Company, Incorporated, Defendants.

Court of Appeals of North Carolina.

June 1, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen., Philip A. Telfer, Raleigh, for plaintiff-appellee.

Henderson, Baxter & Alford, P.A. by B. Hunt Baxter, Jr., New Bern, for defendants-appellants.

WELLS, Judge.

The sole issue defendants raise on appeal is whether the trial court erred in granting the State's motion to deny defendants' demand for a jury trial. Both parties agree that the two prong test set out by our Supreme Court in State ex rel Rhodes v. Simpson, 325 N.C. 514, 385 S.E.2d 329 (1989) is governing in this case. In Simpson, the Supreme Court considered whether the...

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