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GARDNER v. CITY OF REIDSVILLE

No. 767.

153 S.E.2d 139 (1967)

269 N.C. 581

Thomas L. GARDNER, a Citizen and Resident Taxpayer of the City of Reidsville, on Behalf of Himself and of other Citizens, Residents and Taxpayers of Reidsville, Similarly Affected and Situated, v. CITY OF REIDSVILLE, a Municipal Corporation, Claude S. Burton, Clifford Moore, and James Everette, Members of the Purported City of Reidsville ABC Board.

Supreme Court of North Carolina.

March 8, 1967.

Attorney(s) appearing for the Case

Everett, Everett & Everett, Durham, and Allen W. Brown, Raleigh, for plaintiff, appellant.

McMichael & Griffin, Albert J. Post, Reidsville, and Joyner & Howison, Raleigh, for defendants, appellees.

BRANCH, Justice.

Appellees contend that appellant cannot challenge the procedures of the Reidsville election since appellant failed to comply with Rule 19(3) of the Rules of the Supreme Court, 221 N.C. at p. 554. The following is appellant's assignment of error:

"Plaintiff assigns as error the Court's signing of the Final Judgment which contained erroneous findings of fact and erroneous conclusions of law; and further assigns as error the Court's failure...

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