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COOPER v. BERGER

No. COA18-978.

837 S.E.2d 7 (2019)

Roy A. COOPER, III, individually and in his official capacity as Governor of the State of North Carolina, Plaintiff, v. Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; Charlton L. Allen, in his official capacity as Chair of the North Carolina Industrial Commission; and Yolanda K. Stith, in her official capacity as Vice-chair of the North Carolina Industrial Commission, Defendants.

Court of Appeals of North Carolina.

Filed: December 3, 2019.

Attorney(s) appearing for the Case

BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD, L.L.P., by Daniel F. E. Smith , Jim W. Phillips, Jr. , Greensboro, and Eric M. David , Raleigh, for Plaintiff-Appellant.

NELSON MULLINS RILEY & SCARBOROUGH LLP, Raleigh, by D. Martin Warf and Noah H. Huffstetler, III , for Defendants-Appellees Philip E. Berger and Timothy K. Moore.

No briefs filed by Charlton L. Allen and Yolanda K. Stith.

Plaintiff-Appellant Roy A. Cooper, III, the Governor of North Carolina, appeals from an order and judgment dismissing his claim challenging the General Assembly's appropriation of federal block grant funds awarded to the State in a manner inconsistent with the Governor's recommended budget. The Governor contends the federal funds are...

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