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VINCOLI v. STATE

No. COA15-1013.

792 S.E.2d 813 (2016)

Joseph VINCOLI, Plaintiff, v. STATE of North Carolina, Defendant.

Court of Appeals of North Carolina.

Filed: November 1, 2016.

Attorney(s) appearing for the Case

Law Offices of Michael C. Byrne, by Michael C. Byrne , for plaintiff-appellee.

Attorney General Roy Cooper , by Assistant Attorney General Tamika L. Henderson and Special Deputy Attorney General Joseph Finarelli , for the State.

The McGuinness Law Firm, Elizabethtown, by J. Michael McGuinness , filed a brief as amicus curiae for the State Employees Association of North Carolina.

Defendant State of North Carolina ("the State") appeals from an order denying its motion for summary judgment and granting Plaintiff Joseph Vincoli's ("Vincoli") motion for summary judgment in a declaratory judgment action initiated by Vincoli. In its order, the trial court declared that the enactment of N.C. Gen. Stat. § 126...

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