PER CURIAM.
When the North Carolina Industrial Commission found as fact that the defendant Department of Environment and Natural Resources "admitted" it was "negligent in issuing Permit No. 99291" and when defendant failed to assign error to this finding, such finding of negligence is binding on appeal and precludes defendant's assertion of the public duty doctrine as a defense in the instant case. We therefore affirm the opinion of the Court of Appeals to the extent...
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