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ALLEN v. ALLEN

No. 859SC25.

333 S.E.2d 530 (1985)

Mabel H. ALLEN v. Benjamin H. ALLEN.

Court of Appeals of North Carolina.

September 3, 1985.

Attorney(s) appearing for the Case

McCain & Essen by Grover C. McCain, Jr. and Jeff Erick Essen, and Cooper, Williams & Bryan by Robert E. Cooper, Chapel Hill, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by David H. Batten and Paul R. Cranfill, Raleigh, for defendant-appellee.

ARNOLD, Judge.

Plaintiff contends that the trial judge erred in granting summary judgment in favor of the defendant on the basis of the common law doctrine of child immunity. More specifically, the plaintiff contends that 1) G.S. 1-539.21 abolished such immunity and 2) if the statute is interpreted as not to have affected such immunity, then the statute violates the equal protection and substantive due process requirements...

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