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APPEAL OF RAMSEUR

No. COA94-1349.

463 S.E.2d 254 (1995)

120 N.C. App. 521

In re Appeal of James E. RAMSEUR and R. Gene Lentz from the Decision of the Cabarrus County Board of Elections and the Protest of the City of Concord Mixed Beverage Referendum Conducted May 3, 1994.

Court of Appeals of North Carolina.

November 7, 1995.

Attorney(s) appearing for the Case

Johnson, Mercer, Hearn & Vinegar, P.L.L.C., by Charles H. Mercer, Jr., Shawn D. Mercer and Cecil R. Jenkins, Jr., Raleigh, for petitioners appellants.

Attorney General Michael F. Easley, by Special Deputy Attorney General Charles M. Hensey, for the State Board of Elections appellee.

Everett Gaskins Hancock & Stevens, by Hugh Stevens, Paul C. Ridgeway, Raleigh, and C. Todd Williford, Kannapolis, for respondents appellees.

SMITH, Judge.

Appellants appeal a superior court order affirming a decision of the State Board of Elections which denied the Cabarrus County Board of Election's recommended decision that a new election be conducted with regard to the City of Concord Mixed Beverage Referendum.

The facts and procedural history of this case are as follows: A mixed beverage referendum was conducted in and for the City of Concord on 3 May 1994. Unofficial results showed 5,002 votes...

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