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KITCHIN EX REL. KITCHIN v. HALIFAX COUNTY

No. COA07-965.

665 S.E.2d 760 (2008)

In re Lady KITCHIN by and for Hodge KITCHIN and Jean Kitchin, on behalf of themselves and others similarly situated, Plaintiffs, v. HALIFAX COUNTY, et al., Defendants.

Court of Appeals of North Carolina.

September 2, 2008.

Attorney(s) appearing for the Case

J.W. Bryant, Law Firm, P.L.L.C., by John Walter Bryant, Raleigh, for plaintiff-appellants.

Womble Carlyle Sandridge & Rice, by James R. Morgan, Jr. and Robert T. Numbers, II, Winston-Salem, for defendant-appellees.

BRYANT, Judge.

Hodge and Jean Kitchin (plaintiffs) appeal from an order entered 6 March 2007 granting Halifax County's, et. al. (defendants) motion to dismiss, denying plaintiffs' motion to reconsider, and denying plaintiffs' motion for voluntary dismissal.

Facts

On 11 December 2005, plaintiff Hodge Kitchin was walking the family dog, Lady, when Lady attacked a raccoon that crossed her path. After Lady dropped the raccoon, Hodge and Lady returned...

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