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DUNN v. PATE

No. 9112SC324.

415 S.E.2d 102 (1992)

106 N.C. App. 56

Mollie Jackson DUNN and husband, Cecil Dunn, Daisy Jackson Trogdon and husband, James H. Trogdon, Jr., Patricia Jackson Davis and husband, William R. Davis, Fairlyn Jackson Montella and husband, Michael Montella, Plaintiffs-Appellants, v. Willard J. PATE, Bobbie Lou Jackson Grimes, Fairley James Grimes and wife, Jennifer B. Grimes, David E. Grimes, Jr., Elizabeth Grimes Fisher and husband, Wilson David Fisher, Labon Charles Grimes and wife, Libby Grimes, Defendants-Appellees.

Court of Appeals of North Carolina.

April 7, 1992.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper by Richard M. Wiggins, Fayetteville, for plaintiffs-appellants.

Garris Neil Yarborough, Fayetteville, for defendants-appellees.

WELLS, Judge.

In granting defendants' motion for summary judgment, the trial court concluded, inter alia:

CONCLUSIONS OF LAW . . . . . 3. As to the parties and subject matter of this action, the Court is of the opinion, concludes and so holds, that North Carolina General Statute 52-12 (later 52-6) and 47-39, are a form of gender based [sic] discrimination violative of the equal protection clause of the 14th Amendment to the United...

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