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GENTRY v. UNIFORM JUDICIAL RETIREMENT SYSTEM OF N. C.

No. C-74-16-G.

378 F.Supp. 1 (1974)

B. Gordon GENTRY, Plaintiff, v. UNIFORM JUDICIAL RETIREMENT SYSTEM OF NORTH CAROLINA, Defendant.

United States District Court, M. D. North Carolina, Greensboro Division.

Decided July 29, 1974.

Attorney(s) appearing for the Case

Norman B. Smith, of Smith, Carrington, Patterson, Follin & Curtis, Greensboro, N. C., for plaintiff.

Keith L. Jarvis, Associate Atty., N. C. Dept. of Justice, and J. Riffin Bailey, of Bailey, Dixon, Wooten, McDonald & Fountain, Raleigh, N. C., for defendant.

Before CRAVEN, Circuit Judge, GORDON, Chief District Judge, and WARD, District Judge.

OPINION OF THE COURT

GORDON, Chief District Judge.

This is an action to test the constitutionality of the provision of the Uniform Judicial Retirement Act of 1973, N.C.G.S. Chapter 135, Art. 4, which creates unequal percentages for the determination of retirement benefits to be received by judges of the General Court of Justice. Plaintiff, a judge of the District Court Division of the General Court of Justice, contends that the differentiation in computing...

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