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HARRILL v. TEACHERS' & STATE EMPLOYEES' RETIRE. SYS.

No. 32.

156 S.E.2d 702 (1967)

271 N.C. 357

W. B. HARRILL v. TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, a Corporation. W. E. BIRD v. TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, a Corporation.

Supreme Court of North Carolina.

September 20, 1967.

Attorney(s) appearing for the Case

Van Winkle, Walton, Buck & Wall and Herbert L. Hyde, Asheville, for plaintiff appellees.

Atty. Gen. T. W. Bruton and Christine Y. Denson, Staff Atty., for defendant appellant.

BOBBITT, Justice.

In Bridges v. City of Charlotte, 221 N.C. 472, 20 S.E.2d 825, the constitutionality of Chapter 25, Public Laws of 1941, as amended by Chapter 143, Public Laws of 1941, was upheld. Although not the basis of decision, the opinion of Seawell, J., for the Court, strongly intimated, and the concurring opinion of Barnhill, J. (later C. J.), in which Winborne, J. (later C. J.), concurred, expressly stated: "The Retirement payment provided by this act constitutes...

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