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STATE EX REL. BARKER v. ELLIS

No. COA00-719.

547 S.E.2d 166 (2001)

STATE of North Carolina, ex rel. Robert J. BARKER, Sr., Plaintiff, v. John W. ELLIS, III, Defendant.

Court of Appeals of North Carolina.

June 5, 2001.

Attorney(s) appearing for the Case

Akins Hunt & Fearson, P.L.L.C., by Donald G. Hunt, Jr., Fuquay-Varina, for plaintiff-appellant.

Tharrington Smith, by Michael Crowell, Raleigh, for defendant-appellee.

WYNN, Judge.

In November 1999, John Ellis defeated Robert Barker in the election for mayor of Fuquay Varina by sixteen votes. Mr. Barker issued a verbal and written request for a recount on 5 November 1999. The Wake County Board of Elections denied his request and Mr. Barker filed an appeal to the North Carolina Board of Elections. After a hearing, the State Board dismissed Mr. Barker's appeal.

Shortly thereafter, Mr. Barker filed a petition in Wake County...

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