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McNEILL v. DURHAM COUNTY ABC BD.

No. 524PA87.

368 S.E.2d 619 (1988)

Leroy D. McNEILL, Jr. v. DURHAM COUNTY ABC BOARD and Ronald D. Allen.

Supreme Court of North Carolina.

June 2, 1988.

Attorney(s) appearing for the Case

McMillan, Kimzey, Smith & Roten by Russell W. Roten, Duncan A. McMillan, and Katherine E. Jean, Raleigh, for plaintiff.

Haywood, Denny, Miller, Johnson, Sessoms & Patrick by George W. Miller, Jr., and E. Elizabeth Lefler, Durham, for defendants.

Jeff Erick Essen, Chapel Hill, and William G. Simpson, Jr., Greensboro, for North Carolina Civil Liberties Union Legal Foundation, amicus curiae.

FRYE, Justice.

After reviewing the assignments of error brought forward by both the plaintiff and defendants, we find that the Court of Appeals erred in holding that the cumulative effect of extraneous remarks made by the trial judge in no way deprived defendants of a fair and impartial trial. Having found that the cumulative effect of these remarks was prejudicial to the defendants, we order a new trial.

Plaintiff instituted this action against defendant...

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