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RICHMOND CTY v. N.C. LOW-LEVEL RADIOACTIVE WASTE MGT. AUTHORITY

Nos. 9120SC1231, 9115SC1239, 9220SC158 and 9215SC159.

425 S.E.2d 468 (1993)

108 N.C. App. 700

RICHMOND COUNTY v. NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AUTHORITY and Chem-Nuclear Systems, Inc. CHATHAM COUNTY and Wake County v. NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT AUTHORITY and Chem-Nuclear Systems, Inc.

Court of Appeals of North Carolina.

February 2, 1993.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A. by Gary S. Hemric, Mark T. Calloway, and John S. Arrowood, Charlotte, for plaintiff-appellant/appellee Richmond County.

Tharrington, Smith & Hargrove by J. David Farren, Michael Crowell, Raleigh, Douglas A. Ruley, Gunn & Messick by Robert L. Gunn, Pittsboro, for plaintiff-appellant/appellee Chatham County.

Wake County Attys. Office by Michael Ferrell and Corrine Russell, Raleigh, for plaintiff-appellant/appellee Wake County.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Terry Richard Kane, Smith Helms Mulliss & Moore by Richard W. Ellis, Gary R. Govert, and Matthew W. Sawchak, Raleigh, for defendant-appellant/appellee North Carolina Low-Level Radioactive Waste Management Authority.

Moore & Van Allen by Charles D. Case and David E. Fox, Raleigh, for defendant-appellant/appellee Chem-Nuclear Systems, Inc.

GREENE, Judge.

Plaintiffs in these consolidated cases, see N.C.R.App.P. 40 (1992) (Court on its own initiative may consolidate cases which involve common questions of law), appeal from orders dismissing all but one of plaintiffs' claims. Defendants, upon this Court's grant of defendants' petition for writ of certiorari, appeal from interlocutory orders denying defendants' motion to dismiss plaintiffs' remaining claim on the ground that it fails to state a claim...

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