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HARTER v. VERNON

No. COA99-992.

532 S.E.2d 836 (2000)

Kenneth Wayne HARTER and John Robert Payne, Plaintiffs, v. C.D. VERNON, Individually and in his official capacity as Sheriff of Rockingham County; and U.S. Fidelity and Guaranty Company, Defendants.

Court of Appeals of North Carolina.

July 18, 2000.

Attorney(s) appearing for the Case

Patterson, Harkavy & Lawrence, L.L.P., by Martha A. Geer, Raleigh, for plaintiff-appellants.

Womble Carlyle Sandridge & Rice, P.L.L.C., by James R. Morgan, Jr., Winston-Salem, for defendant-appellees.

Moore & Van Allen, PLLC, by Jonathan D. Sasser, Raleigh; J. Michael McGuinness, Elizabethtown and Deborah K. Ross, Raleigh, for The North Carolina Police Benevolent Association, The Southern States Police Benevolent Association and The American Civil Liberties Union of North Carolina Legal Foundation, amici curiae.

Hafer, McNamara, Caldwell, Cutler & Curtner, P.A., by Edmond W. Caldwell, Jr. and David P. Ferrell, Raleigh, for the North Carolina Sheriffs' Association, amicus curiae.

HUNTER, Judge.

Plaintiff-appellants Kenneth Wayne Harter and John Robert Payne (collectively "plaintiffs") appeal the trial court's grant of defendant-appellees' C.D. Vernon and U.S. Fidelity and Guaranty Company (collectively "defendants") motion for summary judgment under N.C.R. Civ. P. 56. Although the trial court delineated its grant of that motion only by stating that "the motion should be granted for the reasons stated in defendants' brief," we agree with defendants...

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