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HARE v. BUTLER

No. 8926SC965.

394 S.E.2d 231 (1990)

99 N.C. App. 693

David Charles Radford HARE v. Patricia BUTLER; Jeanette Murray; and Bob Person, Individually and in their Official Capacities as Social Workers of the Mecklenburg County Department of Social Services; Pesula Faulkner, Individually and in her Official Capacity as Protective Services Investigation Supervisor for the Mecklenburg County Department of Social Services; Katherine Wilson, Individually and in her Official Capacity as Program Administrator for Child and Family Services of the Mecklenburg County Department of Social Services; Merlene Wall, Individually and in her Official Capacity as Assistant Director of the Mecklenburg County Department of Social Services; Edwin H. Chapin, Individually and in his Official Capacity as Director of the Mecklenburg County Department of Social Services; Mecklenburg County Department of Social Services; Mecklenburg County, North Carolina; and Carole Lynn Peterson-Hare.

Court of Appeals of North Carolina.

August 7, 1990.

Attorney(s) appearing for the Case

James, McElroy & Diehl by John S. Arrowood, Charlotte, for plaintiff-appellant.

Kennedy, Covington, Lobdell & Hickman by Wayne P. Huckel and Michelle C. Landers, Golding, Meekins, Holden, Cosper & Stiles by Fred C. Meekins and Martha R. Holmes, and Hedrick, Eatman, Gardner & Kincheloe by John F. Morris, Charlotte, for defendants-appellees.

ARNOLD, Judge.

Initially, we must decide if this appeal is interlocutory and therefore inappropriate at this time. See N.C.Gen.Stat. § 1A-1, Rule 54(b) (1983). The judgment below is not final as to all claims and parties. However, we find that plaintiff has a substantial right to have all of his claims for relief tried at the same time before the same judge and jury, and therefore allow this appeal. Shelton v. Fairley, 86 N.C. App. 147, ...

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