Two former North Carolina Supreme Court justices lined up on opposite sides of a lawsuit challenging the incentives granted by North Carolina to Dell in 2004 in order to lure a computer manufacturing facility to the state that was opened last year.

Burley Mitchell, representing Dell, said that the suit challenging the deal filed by seven taxpayers should be thrown out. He cited a previous N.C. Supreme Court decision affirming the use of incentives.

Robert Orr, who represents the taxpayers filing the suit and dissented in the ruling cited by Mitchell, argued the constitutionality of the deal.

Superior Court Judge Robert Hobgood is hearing the case. He made no ruling Wednesday but said he would decide next week whether the case should continue, according to The Associated Press.