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McFADYEN v. FREEMAN

No. COA96-1129.

487 S.E.2d 782 (1997)

Lacy McFADYEN, Willie Horsley, Wayne Clay, Donald Whitaker, William R. Moore, Charles Ward, Leroy Douglas, Luther Thomas and John M. McKoy, Plaintiffs, v. Franklin FREEMAN, in his official capacity as the Secretary of North Carolina Department of Correction, and the North Carolina Department of Correction, Defendants.

Court of Appeals of North Carolina.

August 5, 1997.

Attorney(s) appearing for the Case

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A. by Thomas M. Stern and James E. Ferguson, III, Chapel Hill, for plaintiffs-appellees.

Attorney General Michael F. Easley by Assistant Attorney General Valerie L. Bateman, for the State.

TIMMONS-GOODSON, Judge.

Defendant Franklin Freeman, in his official capacity as Secretary of the North Carolina Department of Correction, and defendant North Carolina Department of Correction ("DOC") appeal from an order denying their motion to dismiss plaintiffs' complaint pursuant to Rules 12(b)(1), (2), and (6) of the North Carolina Rules of Civil Procedure and allowing plaintiffs' motion for leave to amend their complaint. For the reasons stated herein, we affirm...

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