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MELLON v. PROSSER

No. 361A97.

494 S.E.2d 763 (1998)

Rickey Wayne MELLON v. Cathie W. PROSSER, Individually, and as a Deputy of the Cleveland County Sheriffs Department; Dan Crawford, Sheriff of Cleveland County; and Cleveland County Sheriffs Department.

Supreme Court of North Carolina.

February 6, 1998.

Attorney(s) appearing for the Case

No brief for plaintiff-appellee.

Womble Carlyle Sandridge & Rice by G. Michael Barnhill and W. Clark Goodman, Charlotte, for defendant-appellants.

PER CURIAM.

That part of the opinion of the majority in the Court of Appeals remanding this action to the Superior Court for joinder of the sheriffs surety as a party is reversed for the reasons set forth in the dissenting opinion of Judge Wynn. In all other respects, the opinion of the majority in the Court of Appeals is affirmed for the reasons stated therein.

AFFIRMED IN PART; REVERSED...

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