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CAUBLE v. CITY OF ASHEVILLE

No. 7928SC17.

263 S.E.2d 8 (1980)

Julius R. CAUBLE v. CITY OF ASHEVILLE.

Court of Appeals of North Carolina.

February 19, 1980.

Attorney(s) appearing for the Case

McLean, Leake, Talman & Stevenson by Joel B. Stevenson and Robert S. Swain, Asheville, for plaintiff-appellee.

Patla, Straus, Robinson & Moore by Victor W. Buchanan, Asheville, for defendant-appellant.

Ernest H. Ball and R. Frank Gray, Raleigh, for North Carolina League of Municipalities, amicus curiae.

MORRIS, Chief Judge.

Defendant first raises the question whether plaintiff has standing to bring this action, contending that notice of claim was not given as required by the Code of the City of Asheville. Section 11 of the Code of the City of Asheville provides:

No action shall be instituted or maintained against the city upon any claim of demand whatsoever of any kind or character, until the claimant shall have first presented his or her claim or demand...

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