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WOOD v. NORTH CAROLINA STATE UNIVERSITY

No. COA00-1129.

556 S.E.2d 38 (2001)

Kathy A. WOOD and Evalyn Gonzales, Plaintiffs, v. NORTH CAROLINA STATE UNIVERSITY, Defendant.

Court of Appeals of North Carolina.

December 4, 2001.

Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy and Kennedy, L.L.P., by Harvey L. Kennedy and Harold L. Kennedy, III, Winston-Salem, for plaintiff-appellees.

Attorney General Roy Cooper, by Thomas O. Lawton III, Assistant Attorney General, for defendant-appellant.

HUDSON, Judge.

North Carolina State University ("NCSU") appeals an order granting the plaintiffs' motion to strike its defense of sovereign immunity and denying its motion to dismiss, which the court converted to a motion for summary judgment, on the ground of sovereign immunity. Because we hold that to the extent NCSU's sovereign immunity was waived, jurisdiction is in the Industrial Commission, we vacate the order and remand this action to the superior court for...

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