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IN RE PROTEST OF WHITTACRE

No. COA12-1175.

743 S.E.2d 68 (2013)

In re PROTEST OF Daniel-Lynn WHITTACRE.

Court of Appeals of North Carolina.

June 18, 2013.

Attorney(s) appearing for the Case

Richard E. Jester , for petitioner-appellant.

Attorney General Roy Cooper , by Special Deputy Attorney General Susan K. Nichols , for respondent-appellee; and Blue Stephens & Fellers, LLP, Raleigh, by Daniel T. Blue, Jr. , for intervenor-appellee.

GEER, Judge.

Petitioner Daniel-Lynn Whittacre appeals the trial court's order affirming the decision of the State Board of Elections and dismissing his election protest. The State and G.K. Butterfield have moved to dismiss this appeal as moot. As the Certificate of Election in this case properly issued under the applicable statutes and the winner of the general election has been seated by the United States House of Representatives, we agree that this appeal is moot...

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