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HAYES v. TOWN OF FAIRMONT

No. 338PA98.

517 S.E.2d 894 (1998)

349 N.C. 357

William A. HAYES, Robert O. Floyd, Robert O. Floyd, III, Jimmy Dane Ammons, Teresa Turner Ammons, Glenn S. McPhatter, Jo Ann Smith, Jimmy Bain Smith, Ruby Norris Smith, Amy S. Bass, Ella Mae Wallace, Frances Johnson Clonch, Connie Wheeler Brooks, James C. Capps, Jr., Wendy Lou Capps, Robert L. Capps, Beverly Marks Capps, Thomas M. Lewis, Shirley R. Lewis, C.M. Ivey, Gladys S. Ivey, D. Jeffrey Rogers, Kay Rogers, Carolyn Britt, Bobby Britt, A. Allen Fowler, III, Carl Scott, Myrtle Rose Scott, Rita Scott Pridgen, Richard Pridgen, Nancy Dickens, Nancy Ivey Marks, Belinda Smith, Robbie Lynn Smith, Chandos Smith, Kathryn Bassett, Wayne Floyd, Charles Callahan, A.B. Stubbs, Rebecca M. Stubbs, Alex B. Stubbs, III, Shirley F. Jenkins v. TOWN OF FAIRMONT.

Supreme Court of North Carolina.

November 5, 1998.

Attorney(s) appearing for the Case

Mark A. Davis, Raleigh, Charles E. Floyd, Fairmont Town Attorney, for Town of Fairmont.

C. Wes Hodges, II, Wilmington, for Hayes et al.

Prior report: 130 N.C. App. 125, 502 S.E.2d 380.

ORDER

Upon consideration of the conditional petition filed by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 5th day of November...

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