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IN RE DECISION v. STATE BD. OF ELECTIONS

No. COA01-1424.

570 S.E.2d 897 (2002)

In re the DECISION OF the STATE BOARD OF ELECTIONS DATED NOVEMBER 19, 1999 and Robert J. Barker, Sr., Petitioner/Plaintiff, v. NORTH CAROLINA STATE BOARD OF ELECTIONS and Wake County Board of Elections, Respondents/Defendants.

Court of Appeals of North Carolina.

November 5, 2002.

Attorney(s) appearing for the Case

Atkins Hunt & Fearon, P.C., by Donald G. Hunt, Jr. and Belinda Keller Sukeena, Fuquay-Varina, for plaintiff-appellant.

Attorney General Roy Cooper, by Special Deputy Attorney General Susan K. Nichols, for defendant-appellee North Carolina State Board of Elections, and Deputy County Attorney Shelley T. Eason for defendant-appellee Wake County Board of Elections.

GREENE, Judge.

Robert J. Barker, Sr. (Plaintiff) appeals from an order filed 23 July 2001 granting North Carolina State Board of Elections (the State Board) motion to dismiss Plaintiff's "Petition for Relief."

After a 16 July 2001 hearing on defendants' motion to dismiss, the trial court made findings of fact.1 These findings show Plaintiff was a candidate for mayor of Fuquay-Varina, North Carolina, in the 2 November 1999 election...

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