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RAPPE v. CARR

No. 6927DC226.

167 S.E.2d 48 (1969)

4 N.C. App. 497

Harold Edward RAPPE, by his Next Friend, Nadine Marie S. Rappe, v. Sam Earl CARR, Jr., Edith Kirby and the Town of Belmont. Nadine Marie S. RAPPE v. Sam Earl CARR, Jr., Edith Kirby and the Town of Belmont. Bobby J. RAPPE, Jr., by his Next Friend, Nadine Marie S. Rappe, v. Sam Earl CARR, Jr., Edith Kirby and the Town of Belmont. Donna Rene RAPPE, by her Next Friend, Nadine Marie S. Rappe, v. Sam Earl CARR, Jr., Edith Kirby and the Town of Belmont. Bobby J. RAPPE v. Sam Earl CARR, Jr., Edith Kirby and the Town of Belmont.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Joseph B. Roberts, III, Gastonia, for plaintiff appellants.

Carpenter, Golding, Crews & Meekins, by Marvin K. Gray, Charlotte, for Town of Belmont, defendant appellee.

CAMPBELL, Judge.

This appeal challenges only the ruling of Judge Bulwinkle in sustaining Town's demurrers to each complaint. In passing upon the demurrers, the facts alleged in the complaint and relevant inferences of fact necessarily deducible therefrom will be taken as true.

When exercising their police power or their judicial, discretionary or legislative authority as conferred by charters and and statutes or when discharging a duty imposed solely for the...

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