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LAKE v. STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES

No. 436PA13-4.

837 S.E.2d 887 (2020)

I. Beverly LAKE, John B. Lewis, Jr., Everette M. Latta, Porter L. McAteer, Elizabeth S. McAteer, Robert C. Hanes, Blair J. Carpenter, Marilyn L. Futrelle, Franklin E. Davis, James D. Wilson, Benjamin E. Fountain, Jr., Faye Iris Y. Fisher, Steve Fred Blanton, Herbert W. Cooper, Robert C. Hayes, Jr., Stephen B. Jones, Marcellus Buchanan, David B. Barnes, Barbara J. Currie, Connie Savell, Robert B. Kaiser, Joan Atwell, Alice P. Nobles, Bruce B. Jarvis, Roxanna J. Evans, Jean C. Narron, and all others similarly situated, v. STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, a Corporation, formerly known as the North Carolina Teachers and State Employees' Comprehensive Major Medical Plan, Teachers and State Employees' Retirement System of North Carolina, a Corporation, Board of Trustees of the Teachers and State Employees' Retirement System of North Carolina, a body politic and corporate, Janet Cowell, in Her Official Capacity as Treasurer of the State of North Carolina, and the State of North Carolina.

Supreme Court of North Carolina.

February 26, 2020.

Attorney(s) appearing for the Case

Marc Bernstein , Special Deputy Attorney General, For State Health Plan For Teachers And State Employees, et al.

Robert M. Curran , Special Deputy Attorney General.

Heather H. Freeman , Assistant Attorney General.

Christopher M. Whelchel , Attorney at Law, Gastonia, For Lake, I. Beverly, et al.

Michael L. Carpenter , Attorney at Law, Gastonia, For Lake, I. Beverly, et al.

Marcus R. Carpenter , Attorney at Law, Gastonia, For Lake, I. Beverly, et al.

Gary W. Jackson , Attorney at Law, Charlotte, For Lake, I. Beverly, et al.

Sam McGee , Attorney at Law, Charlotte, For Lake, I. Beverly, et al.

Matthew W. Sawchak , Solicitor General, For State of North Carolina.

Marshall P. Walker , Attorney at Law, For Lake, I. Beverly, et al.

Ryan Y. Park , Deputy Solicitor General, For State of North Carolina.

Joseph A. Newsome , Attorney at Law, Raleigh, For State of North Carolina.

Kenzie M. Rakes , Assistant Solicitor General, For State of North Carolina.

Matt Burke , Solicitor General Fellow, For State of North Carolina.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Plaintiffs on the 9th of April 2019 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Defendants, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order...

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