No. 695SC224.

167 S.E.2d 531 (1969)

4 N.C. App. 648

C. G. BERRY v. CITY OF WILMINGTON, North Carolina.

Court of Appeals of North Carolina.

Certiorari Denied July 10, 1969.

Attorney(s) appearing for the Case

McClelland & Barefoot, by R. S. McClelland, Rountree & Clark, by George Rountree, Jr., Wilmington, for plaintiff appellee.

Yow & Yow, by Cicero P. Yow and Lionel L. Yow, James L. Nelson, Wilmington, for defendant appellant.

Donald L. Smith, Raleigh, for City of Raleigh, amicus curiae.

MALLARD, Chief Judge.

The complaint filed herein by the plaintiff reads as follows:

"The plaintiff, complaining of the defendant, says:

1. That plaintiff is and has been at all material times a citizen and resident and taxpayer in the City of Wilmington, North Carolina; and the defendant is and has been at all material times a municipal corporation organized and existing under the laws of the State of North...

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