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LOVETTE v. NORTH CAROLINA DEPARTMENT OF CORRECTION

No. 359A12.

737 S.E.2d 737 (2013)

Clyde Vernon LOVETTE, Petitioner v. The NORTH CAROLINA DEPARTMENT OF CORRECTION; Alvin Keller, in his capacity as Secretary of Correction; and Rudy Foster, in his capacity as Administrator of Dan River Prison Work Farm, Respondents Charles Lynch, Petitioner v. The North Carolina Department of Correction; Alvin Keller, in his capacity as Secretary of Correction; and Tim Kerley, in his capacity as Administrator of Catawba Correctional Center, Respondents.

Supreme Court of North Carolina.

March 8, 2013.

Attorney(s) appearing for the Case

N.C. Prisoner Legal Services, Inc., by Sarah Jessica Farber , for petitioner-appellees.

Roy Cooper , Attorney General, by Joseph Finarelli , Special Deputy Attorney General, for respondent-appellants.

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals and remand this matter to that court for remand to the trial court for further proceedings not inconsistent with this opinion.

REVERSED...

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