Eller v. Coca-Cola Co.

MARTIN (Robert M.), Judge.

Defendants assign as error the denial of their motion to dismiss and, as grounds for this assignment, assert that the courts of North Carolina lack jurisdiction over the subject matter of this action. In this matter, their appeal is proper since an appeal lies immediately from the denial of a motion to dismiss for want of jurisdiction. Kilby v. Dowdle, 4 N.C. App. 450, 166 S.E. 2d 875 (1969). We shall review, therefore, defendants’ contention that State court jurisdiction has been preempted by federal law and that jurisdiction is reserved exclusively by the National…