MALLOY v. COOPER

No. 595PA01.

565 S.E.2d 76 (2002)

John MALLOY, d/b/a the Dogwood Gun Club v. Roy COOPER, Attorney General for the State of North Carolina; David R. Waters, District Attorney for the 9th Prosecutorial District; David S. Smith, Sheriff of Granville County; State of North Carolina.

Supreme Court of North Carolina.

June 28, 2002.


Attorney(s) appearing for the Case

Tharrington Smith, L.L.P. by Roger W. Smith, Raleigh; and Greenberg Traurig, L.L.P. by C. Allen Foster, Washington, DC, for plaintiff-appellant.

Roy Cooper, Attorney General by John J. Aldridge, III, Special Deputy Attorney General, for defendant-appellees Roy Cooper, Attorney General for the State of North Carolina; David R. Waters, District Attorney for the 9th Prosecutorial District; and the State of North Carolina.

Parker, Poe, Adams & Bernstein, L.L.P. by Cynthia L. Wittmer, Raleigh, on behalf of the North Carolina Network for Animals; Justice for Animals; the Fund for Animals, Inc.; and the Humane Society of the United States, amici curiae.


PARKER, Justice.

On 3 March 1999 Plaintiff instituted this action for declaratory judgment against defendants Roy Cooper1, Attorney General for the State of North Carolina; David R. Waters, District Attorney for the Ninth Prosecutorial District; David S. Smith, Sheriff of Granville County; and the State of North Carolina. The issue before this Court is whether the Court of Appeals erred in holding that the trial court lacked jurisdiction...

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