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WOODARD v. N.C. LOCAL GOV. EMP. RETIREMENT SYSTEM

No. 9210SC202.

428 S.E.2d 849 (1993)

110 N.C. App. 83

William H. WOODARD, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, a corporation; Board of Trustees of The North Carolina Local Governmental Employees' Retirement System, a body politic and corporate; Dennis Ducker, Director of the Retirement Systems Division and Deputy Treasurer of the State of North Carolina (in his official capacity); Harlan E. Boyles, Treasurer of the State of North Carolina and Chairman of the Board of Trustees of the North Carolina Local Governmental Employees' Retirement System (in his individual and official capacities); State of North Carolina, Defendants-Appellants.

Court of Appeals of North Carolina.

May 4, 1993.

Attorney(s) appearing for the Case

Marvin Schiller, and Womble Carlyle Sandridge & Rice by G. Eugene Boyce, Donald L. Smith, and Susan S. McFarlane, Raleigh, for plaintiff-appellee, cross-appellant.

Atty. Gen. Lacy H. Thornburg by Sr. Deputy Atty. Gen. Edwin M. Speas, Jr., Sp. Deputy Attys. Gen. Tiare B. Smiley and Norma S. Harrell, Raleigh, for defendants-appellants, cross-appellees.

COZORT, Judge.

Plaintiff filed a declaratory judgment action against defendants to determine benefits due him following an amendment to the retirement disability statute which covers local government employees in this State. Defendants filed a motion to dismiss the action; the motion was denied. Defendants appealed the denial of their motion to dismiss to this Court. While the appeal was pending, the trial court entered...

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