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MOORE v. CITY OF CREEDMOOR

No. 939SC1073.

460 S.E.2d 899 (1995)

James Y. MOORE, trading and doing business as Moore's Dinette, and Gracye Moore, Plaintiffs-Appellants, v. CITY OF CREEDMOOR, Ralph D. Seagroves, Individually and as Chief of Police of the City of Creedmoor, and Vance Douglas High, Individually and as a Commissioner of the City of Creedmoor, Defendants-Appellees.

Court of Appeals of North Carolina.

September 5, 1995.

Attorney(s) appearing for the Case

Glenn, Mills & Fisher, P.A. by Stewart W. Fisher, Durham, for plaintiffs-appellants.

McDaniel & Anderson by William E. Anderson, Raleigh, for defendants-appellees.

JOHN, Judge.

Plaintiffs James and Gracye Moore (plaintiffs or the Moores) appeal the trial court's grant of summary judgment in favor of defendants the City of Creedmoor (the City), Police Chief Ralph D. Seagroves (Seagroves or the Chief) and former City Commissioner Vance Douglas High (High or Commissioner High). As discussed herein, we find plaintiffs' assignments of error regarding their claim of malicious prosecution in the main persuasive, but conclude the remainder...

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