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GOLDSTON v. STATE

No. COA04-593.

618 S.E.2d 785 (2005)

W.D. GOLDSTON, Jr., James E. Harrington, and citizens, taxpayers and bond-holders similarly situated, Plaintiffs, v. STATE of North Carolina and Michael F. Easley, Governor, individually and in his official capacity, Defendants.

Court of Appeals of North Carolina.

September 20, 2005.

Attorney(s) appearing for the Case

Boyce & Isley, PLLC, by G. Eugene Boyce, R. Daniel Boyce, and Philip R. Isley; and Brannon Strickland, PLLC, by Anthony M. Brannon, Raleigh, for plaintiff appellants.

Attorney General Roy Cooper, by Chief Deputy Attorney General Grayson G. Kelley, Special Deputy Attorney General Norma S. Harrell, and Special Deputy Attorney General John F. Maddrey, for defendant appellees.

McCULLOUGH, Judge.

Plaintiffs, W.D. Goldston, Jr., and James E. Harrington, appeal from summary judgment entered in favor of defendants, the State of North Carolina and Governor Michael F. Easley. We conclude that the trial court properly dismissed plaintiffs' complaint in its summary judgment order because they lacked standing to bring suit.

Facts

The North Carolina Highway Trust Fund (hereinafter...

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