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TAYLOR v. CITY OF LENOIR

No. COA99-1228-3.

558 S.E.2d 242 (2002)

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, Plaintiffs, 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, Defendants.

Court of Appeals of North Carolina.

January 15, 2002.

Attorney(s) appearing for the Case

Kuehnert Bellas & Bellas, PLLC, by Daniel A. Kuehnert, Morganton, and Steven T. Aceto, Asheville, for plaintiff-appellants.

Wilson, Palmer, Lackey & Rohr, P.A., by David S. Lackey, Derek K. Poarch; Todd, Vanderbloemen, Brady & LeClair, P.A., by Bruce W. Vanderbloemen, Frank M. Hicks, Jr., Sid A. Pope, Tim Stoker, Sharon Cook Poarch and Arnold Dula; Potter, McCarl & Whisnant, P.A., by Lucy R. McCarl and Steve B. Potter, Lenoir, for plaintiff-appellees Jack Warlick, Jim Higgins, Mike Phillips, Gary Clark, Harold Brewer, Ronda Watts, Helen Gallardo and Michael Wayne Sutton.

Groome, Tuttle, Pike & Blair, by Edward H. Blair, Jr., Lenoir, for defendant-appellee City of Lenoir.

Attorney General Michael F. Easley, by Special Deputy Attorney General Alexander McC. Peters, for defendant-appellees Board of Trustees of the North Carolina Local Government Employees' Retirement System and its individually named members or their successors, Jack W. Pruitt, (Successor to Dennis Ducker), Harlan E. Boyles, and the State of North Carolina.

HUNTER, Judge.

Plaintiffs' class counsel ("class counsel") appeal from a "Class Action Final Settlement Order" granting in part and denying in part their "Verified Petition/Request for Attorneys' Fees" based upon the "common fund doctrine." We affirm.

I. Facts and Procedural History

Plaintiffs herein are law enforcement officers who are currently employed by the City of Lenoir ("the City") or who were in the City's employ as of 1 January 1986. On...

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