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PIEDMONT PUB. CO. v. CITY OF WINSTON-SALEM

No. 352PA92.

434 S.E.2d 176 (1993)

334 N.C. 595

PIEDMONT PUBLISHING COMPANY, INC. d/b/a the Winston-Salem Journal, Joe Goodman, Joe Stinebaker and Laura Knight v. CITY OF WINSTON-SALEM and George L. Sweat.

Supreme Court of North Carolina.

September 10, 1993.

Attorney(s) appearing for the Case

Everett, Gaskins, Hancock & Stevens by Hugh Stevens and Katherine R. White, Raleigh, for plaintiff-appellants.

Bell, Davis & Pitt, P.A. by William Kearns Davis and Stephen M. Russell, City of Winston-Salem by Ronald G. Seeber, and Winston-Salem Police Department by Mary Claire McNaught, Winston-Salem, for defendant-appellees.

North Carolina League of Municipalities by S. Ellis Hankins, Gen. Counsel, and Kimberly L. Smith, Asst. Gen. Counsel, Raleigh, amicus curiae.

WEBB, Justice.

The copies of recordings the plaintiff seeks to obtain in this case were unquestionably gathered by the Winston-Salem Police Department in the course of a criminal investigation and are part of the State's file in a pending criminal action. Article 48 of Chapter 15A of the General Statutes provides for discovery, only by the defendant, of materials in the possession of the State for use in a criminal action.

The plaintiff contends it is entitled...

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