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PLEMMER v. MATTHEWSON

No. 106.

190 S.E.2d 204 (1972)

Walter PLEMMER, Jr., et al., v. W. Ray MATTHEWSON, Mayor, et al.

Supreme Court of North Carolina.

July 31, 1972.

Attorney(s) appearing for the Case

Pearson, Malone, Johnson & DeJarmon, by C. C. Malone, Jr., and W. G. Pearson, II, Durham, for petitioner appellants.

M. L. Cromartie, Jr., Tarboro, Ball, Coley & Smith, by Ernest H. Ball, Raleigh, for respondent appellees.

SHARP, Justice.

Plaintiffs allege—and have contended both in the lower court and on appeal—that the Ordinance is invalid because the board of commissioners did not comply with the annexation procedures specified in N.C.Gen.Stats., Ch. 160, art. 36, Part 1. Plaintiffs also alleged in their complaint that the enactment of the Ordinance violated the equal protection clauses of the North Carolina and United States Constitutions. The latter contention does...

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