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CATES v. NORTH CAROLINA DEPT. OF JUSTICE

No. 111PA96.

487 S.E.2d 723 (1997)

Philip B. CATES and Durham County, Petitioners v. NORTH CAROLINA DEPARTMENT OF JUSTICE, Attorney General's Office, and North Carolina Department of Environment, Health, and Natural Resources, Respondents.

Supreme Court of North Carolina.

July 24, 1997.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, P.L.L.C. by Johnny M. Loper, Raleigh, for petitioners-appellants.

Michael F. Easley, Attorney General by Mabel Y. Bullock, Special Deputy Attorney General, for respondents-appellees.

PARKER, Justice.

The issue presented in this case is whether N.C.G.S. § 143-300.8 required the Attorney General to defend a local sanitarian in an action arising out of the sanitarian's alleged negligence in conducting a preliminary soil evaluation. For the reason stated herein, we conclude that the Attorney General was not required to defend petitioner Philip B. Cates. Accordingly, we modify and affirm the decision of the Court of Appeals.

Cates, a registered...

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