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TAYLOR v. CITY OF LENOIR

No. 95A01-2.

564 S.E.2d 235 (2002)

355 N.C. 500

Dale E. TAYLOR, B.J. Fore, Dillard a Brown, Harvey R. Cook, Jr., Thomas P. Deighton, James M. Floyd, Cathy Ann Hall, Grant Harold, Mary Rose Hart, Raymond Higgins, Kenneth D. Hinson, Allen C. Jones, James T. Malcolm, III, Randy W. Martin, Richard N. Oulette, Ralph Pittman, Sid A. Pope, Daniel L. Powers, II, Daryl D. Pruitt, Lisa D. Robertson, Ricky E. Shehan, Gregory F. Snider, Timothy C. Stoker, Ann R. Stover, Joan C. Smith, Individually, and for the benefit of and on behalf of all others similarly situated v. CITY OF LENOIR, a Municipal Corporation, Board of Trustees of the North Carolina Local Government Employees' Retirement System, body politic and corporate; O.K. Beatty, John W. Britte, Jr., James M. Cooper, Ronald E. Copley, Clyde R. Cook, Jr., Bob Etheridge, James R. Hawkins, Shirley A. Hise, Wilma M. King, Gerald Lamb, W. Eugene McCombs, William R. McDonald, III, David G. Omstead, Phillip M. Prescott, Jr., James W. Wise, as Trustees; Dennis Ducker, as Director of the Retirement Systems Division, and Deputy Treasurer for the State of North Carolina; Harlan E Boyles, as Treasurer of the State of North Carolina and Chairman of the Board of Trustees of the North Carolina Local Government Retirement System; and the State of North Carolina, a body politic and corporate.

Supreme Court of North Carolina.

May 9, 2002.

Attorney(s) appearing for the Case

Daniel A. Kuehnert, Morganton, Steven T. Aceto, Asheville, for Taylor, et al.

Edward H. Blair, Jr., Lenoir, for City of Lenoir, et al.

Alexander McC. Peters, Special Deputy Attorney General, for State.

Prior report: 148 N.C. App. 269, 558 S.E.2d 242.

ORDER

Upon consideration of the petition filed by Plaintiffs 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:

"Denied by order of the Court in conference, this the 9th day...

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