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VENABLE v. VERNON

No. COA03-230.

592 S.E.2d 256 (2004)

Harold Dean VENABLE and State of North Carolina, ex rel., Harold Dean Venable, Plaintiffs-Appellants, v. C.D. VERNON, Individually and in his Official Capacity as Sheriff of Rockingham County, North Carolina and U.S. Fidelity & Guaranty Company, Defendants-Appellees.

Court of Appeals of North Carolina.

February 17, 2004.

Attorney(s) appearing for the Case

Smith, James, Rowlett & Cohen, LLP, by Seth R. Cohen, Greensboro, for plaintiff-appellant.

Womble Carlyle Sandridge & Rice, P.L.L.C., by James R. Morgan, Jr., Winston-Salem, for defendants-appellees.

Hafer & Caldwell, P.A., by Edmond W. Caldwell, Jr., Raleigh, for North Carolina Sheriffs' Association, amicus curiae.

McGEE, Judge.

Plaintiff appeals from summary judgment granted in favor of defendants. Plaintiff brought this civil action seeking to recover damages from C.D. Vernon (defendant Vernon), individually and as Sheriff of Rockingham County, and from U.S. Fidelity & Guaranty Company as surety upon the official bond of defendant Vernon.

Defendant Vernon terminated plaintiff's employment as a deputy sheriff with a position title of detective with the Rockingham...

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