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CAN AM SOUTH, LLC v. STATE

No. COA13-1240.

759 S.E.2d 304 (2014)

CAN AM SOUTH, LLC, Plaintiff, v. The STATE of North Carolina, The North Carolina Department of Health and Human Services, and The North Carolina Department of Administration, Defendants.

Court of Appeals of North Carolina.

June 3, 2014.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Raleigh, by Walter L. Tippett, Jr. and S. Wilson Quick , for plaintiff-appellee.

Attorney General Roy Cooper , by Special Deputy Attorney General Donald R. Teeter, Sr. and Assistant Attorney General G. Mark Teague , for defendants-appellants.

HUNTER, ROBERT C., Judge.

The State of North Carolina ("the State"), the North Carolina Department of Health and Human Services ("DHHS"), and the North Carolina Department of Administration (collectively "defendants") appeal from an order denying their motion to dismiss. Can Am South, LLC ("plaintiff") filed suit against defendants for breach of contract and declaratory judgment. Defendants argue that the trial court erred...

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