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TAYLOR v. CITY OF LENOIR

No. COA96-1485.

497 S.E.2d 715 (1998)

Dale E. TAYLOR, B.J. Fore, Dillard A. Brown, Harvey R. Cook, Jr., Thomas P. Deighton, James M. Floyd, Cathy Ann Hall, Grant Harrold, Mary Rose Hart, Raymond Higgins, Kenneth D. Hinson, Allen C. Jones, James T. Malcolm, III, Randy W. Martin, Richard N. Oulette, Ralph Pittman, Sid A. Pope, Daniel L. Powers, II, Daryl D. Pruitt, Lisa D. Robertson, Ricky E. Shehan, Gregory F. Snider, Timothy C. Stoker, Ann R. Stover, Joan C. Smith, Individually, and for the benefit of and on behalf of all others similarly situated, Plaintiffs, v. CITY OF LENOIR, a Municipal Corporation, Board of Trustees of the North Carolina Local Government Employees' Retirement System, body politic and corporate; O.K. Beatty, John W. Britte, Jr., James M. Cooper, Ronald E. Copley, Clyde R. Cook, Jr., Bob Etheridge, James R. Hawkins, Shirley A. Hise, Wilma M. King, Gerald Lamb, W. Eugene McCombs, William R. McDonald, III, David G. Omstead, Phillip M. Prescott, Jr., James W. Wise, as Trustees; Dennis Ducker, as Director of the Retirement Systems Division, and Deputy Treasurer for the State of North Carolina and Chairman of the Board of Trustees of the North Carolina Local Government Retirement System; and the State of North Carolina, a sovereign, Defendants.

Court of Appeals of North Carolina.

April 7, 1998.

Attorney(s) appearing for the Case

Kuehnert & Ayers, P.L.L.C. by Daniel A. Kuehnert, Morganton, and Steven T. Aceto, Asheville, for plaintiffs-appellees.

Cannon, Blair & Correll, P.A. by Edward H. Blair, Jr., Lenoir, for defendant-appellant City of Lenoir.

Attorney General Michael F. Easley by Special Deputy Attorney General Alexander McC. Peters, for the State of North Carolina defendants-appellants.

TIMMONS-GOODSON, Judge.

Defendants, City of Lenoir (the City) and the Board of Trustees of the North Carolina Local Government Employees' Retirement System and its individual members or successors, Dennis Ducker, Harlan E. Boyles, and the State of North Carolina (collectively, the State defendants), appeal from an order granting summary judgment to plaintiffs, who are present and former law enforcement officers for the City, as to their claim for declaratory relief...

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