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BARRETT v. CITY OF FAYETTEVILLE

No. 602

103 S.E.2d 500 (1958)

248 N.C. 436

Harold BARRETT and Jimmy Person, or behalf of themselves and on behalf of other persons similarly situated with a common or general interest, v. CITY OF FAYETTEVILLE, North Carolina.

Supreme Court of North Carolina.

May 21, 1958.

Attorney(s) appearing for the Case

Robert H. Dye, Fayetteville, for defendant, appellant.

D. S. Carter, MacRae, Cobb & Berry. Fayetteville, for plaintiff, appellees.

DENNY, Justice.

The defendant assigns as error the findings that nine of the twelve persons whose names were placed on the original petition by someone other than by the persons named should be counted as valid signatures, and that 90 names appearing on the original petition requesting a referendum should be counted.

Each one of the nine persons referred to above filed an affidavit with the City Council of the City of Fayetteville on 11 October 1956 setting...

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