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SAINE v. STATE

No. COA10-832.

709 S.E.2d 379 (2011)

Jason R. SAINE and Donald Reid, Plaintiffs, v. STATE of North Carolina; Beverly Perdue, Governor of the State of North Carolina, in her official capacity; J. Keith Crisco, Secretary of the North Carolina Department of Commerce, in his official capacity; and Johnson and Wales University, Defendants.

Court of Appeals of North Carolina.

April 5, 2011.

Attorney(s) appearing for the Case

North Carolina Institute for Constitutional Law, Raleigh, by Robert F. Orr and Jeanette Doran , for plaintiffs-appellants.

Attorney General Roy Cooper , by Special Deputy Attorney General Norma S. Harrell , for defendants-appellees State of North Carolina, Beverly Perdue, and J. Keith Crisco.

Nelson Mullins Riley & Scarborough LLP, Raleigh, by Reed Hollander , for defendant-appellee Johnson and Wales University.

HUNTER, ROBERT C., Judge.

Jason R. Saine and Donald Reid ("plaintiffs") appeal from the trial court's order granting the State of North Carolina, Beverly Perdue, J. Keith Crisco, and Johnson and Wales University's ("defendants") motion to dismiss the allegations in plaintiffs' complaint. After careful review, we affirm.

Background

In 2003, the General Assembly passed Session Law 2003-284, which was the first of five session laws allocating...

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