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FAULKENBURY v. TEACHERS' AND STATE EMPLOYEES' RET. SYSTEM

No. 9210SC203.

428 S.E.2d 851 (1993)

110 N.C. App. 97

Dorothy M. FAULKENBURY, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OF NORTH CAROLINA, a corporation; Board of Trustees Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate; Dennis Ducker, Director of the Retirement Systems Division and Deputy Treasurer of the State of North Carolina (in his individual and official capacities); Harlan Boyles, Treasurer of the State of North Carolina and Chairman of the Board of Trustees Teachers' and State Employees' Retirement System of North Carolina, (in his individual and official capacities); and 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., and Sp. Deputy Attys. Gen. Tiare B. Smiley and Norma S. Harrell, Raleigh, for defendants-appellants, cross-appellees.

COZORT, Judge.

This case is a companion case to Woodard v. North Carolina Local Governmental Employees' Retirement System et al., ___ N.C.App. ___, 428 S.E.2d 849 filed simultaneously herewith. Plaintiff's complaint challenged an amendment effective 1 July 1982 to the teachers' and State employees' retirement disability statute. Defendants filed a motion to dismiss plaintiff's action; the motion was denied by the trial court...

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