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LOVIN v. CHEROKEE COUNTY

No. COA15-1350.

789 S.E.2d 869 (2016)

Ronald Keith LOVIN, Plaintiff, v. CHEROKEE COUNTY, Randy Wiggins, County Manager, in his official capacity, Candy R. Anderson, Cherokee County Finance Director, in her official capacity, Melody Johnson, Cherokee County Human Resources Director, in her official capacity, and Roy G. Dickey; Daniel M. Eichenbaum; David F. McKinnon (C.B. McKinnon); Calvin H. Stiles; Gary W. Westmoreland, Cherokee County-County Commissioners, each in their official capacity as commissioners, Defendants.

Court of Appeals of North Carolina.

August 2, 2016.

Attorney(s) appearing for the Case

Frank G. Queen, PLLC, by Frank G. Queen , and David A. Wijewickrama , Waynesville for plaintiff-appellee.

Womble, Carlyle, Sandridge & Rice, LLP, Charlotte, by Sean F. Perrin , for defendants-appellants.

Defendants appeal from the trial court's order of partial summary judgment awarding plaintiff a special separation allowance for 36 years of creditable service through two North Carolina retirement systems: TSERS and LGERS. On appeal, defendants argue that because plaintiff was not a member of TSERS when he retired, he was not entitled...

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