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HOGAN v. CITY OF WINSTON-SALEM

No. COA95-305.

466 S.E.2d 303 (1996)

John D. HOGAN and wife, Janet S. Hogan, Plaintiffs, v. The CITY OF WINSTON-SALEM, Defendant.

Court of Appeals of North Carolina.

February 6, 1996.

Attorney(s) appearing for the Case

James and Jones, P.L.L.C. by Randolph M. James and Howard C. Jones II, Winston-Salem, for plaintiffs.

Womble Carlyle Sandridge & Rice, by Roddy M. Ligon, Jr., Gusti W. Frankel, and Steven D. Draper, Winston-Salem, for defendant.

JOHNSON, Judge.

Defendant City appeals from that part of the Order entered on 29 December 1994 granting plaintiffs' motion for summary judgment as to plaintiffs' seventh cause of action and declaring that the 20 August 1990 Amendment to Chapter 15, Article II of the Retirement Code of the City of Winston-Salem is unconstitutional as applied to plaintiffs. Plaintiffs appeal from that part of the Order granting defendant...

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