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SPECK v. NORTH CAROLINA DAIRY FOUNDATION

No. 566A83.

319 S.E.2d 139 (1984)

311 N.C. 679

Marvin L. SPECK and Stanley E. Gilliland v. NORTH CAROLINA DAIRY FOUNDATION, INC., the Board of Governors of the University of North Carolina, the Board of Trustees of North Carolina State University, a constituent institution and the Acting Chancellor of North Carolina State University.

Supreme Court of North Carolina.

August 28, 1984.

Attorney(s) appearing for the Case

Boyce, Mitchell, Burns & Smith, P.A. by Lacy M. Presnell, III, and Susan K. Burkhart, Raleigh, for plaintiffs-appellees.

Poyner, Geraghty, Hartsfield, & Townsend by Thomas L. Norris, Jr., and Cecil W. Harrison, Jr., Raleigh, for defendant-appellant North Carolina Dairy Foundation, Inc.

Rufus L. Edmisten, Atty. Gen. by Thomas J. Ziko, Associate Atty., Raleigh, for defendants-appellants The Bd. of Governors of the University of N.C., The Bd. of Trustees of N.C. State University, and The Acting Chancellor of N.C. State University.

MITCHELL, Justice.

The underlying issue controlling the result in this case is whether the plaintiffs acquired any interest in a secret scientific process at the time they discovered it while employed by the defendant North Carolina State University. We hold that they did not. Accordingly, we reverse the decision of the Court of Appeals.

The plaintiffs brought this action seeking to impose a constructive trust upon royalties received by the defendant North...

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