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LINEBERGER v. N.C. DEPT. OF CORRECTION

No. COA07-3.

657 S.E.2d 673 (2008)

Jeffrey Bernard LINEBERGER, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, a North Carolina State Agency, and The North Carolina Post-Release Supervision and Parole Commission, a North Carolina State Agency, Defendants.

Court of Appeals of North Carolina.

March 4, 2008.

Attorney(s) appearing for the Case

Glover & Petersen, P.A., by Ann B. Petersen, Chapel Hill, for plaintiff-appellee.

Attorney General Roy Cooper, by Assistant Attorney General Elizabeth F. Parsons, for defendants-appellants.

CALABRIA, Judge.

The North Carolina Department of Correction ("NCDOC") and the North Carolina Post-Release Supervision and Parole Commission ("Parole Commission") (collectively "defendants") appeal from an order and judgment denying defendants' motion for summary judgment and entering a declaratory judgment in favor of Jeffrey Bernard Lineberger ("plaintiff"). We affirm.

On 5 January 1994, in Mecklenburg County Superior Court, pursuant to a plea agreement...

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