Defendants, Thomas H. Clark, Ben F. Thompson, Jr, Travis E. Nichols, Lelier J. Leleux, W. W. Hawkins, J. Malcolm Duhe, J. Alfred Bagnaud, Emery J. Bares, Paul G. Backus and Russell E. Walton, notice of appeal and petition for discretionary review under G.S. 7A-31,
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