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CAMPBELL v. CITY OF LAURINBURG

No. COA04-789.

608 S.E.2d 98 (2005)

Billy L. CAMPBELL, Plaintiff, v. The CITY OF LAURINBURG, Defendant.

Court of Appeals of North Carolina.

February 15, 2005.

Attorney(s) appearing for the Case

Jack E. Carter, Fayetteville, for plaintiff-appellee.

Gordon, Horne, Hicks, and Floyd, P.A., by Charles L. Hicks, Laurinburg, for defendant-appellant.

North Carolina League of Municipalities by General Counsel, Andrew L. Romanet, Jr. and Senior Assistant General Counsel, John M. Phelps, II, as amicus curiae in favor of defendant-appellant.

ELMORE, Judge.

The City of Laurinburg (the City) appeals an order of partial summary judgment requiring them to continue to pay a portion of separation benefits pursuant to N.C. Gen.Stat. §§ 143.166.41 and 143.166.42 for Billy L. Campbell (plaintiff), a former police officer. Plaintiff retired from the City of Laurinburg Police Department on 30 August 1999, after 30 years of service. He was not yet 62 years old. The City began paying him a retirement allowance...

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