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MATHEWS v. BOARD OF TRUSTEES

No. 8828SC892.

385 S.E.2d 343 (1989)

Grover Charles MATHEWS, Troy Everette McHone, Robert Eugene Simmons, Plaintiffs, and Jay Hill Breedlove, Intervenor, v. BOARD OF TRUSTEES OF THE ASHEVILLE POLICEMEN'S PENSION AND DISABILITY FUND, the City of Asheville, Defendants, and John E. Pipitone, Intervenor.

Court of Appeals of North Carolina.

November 7, 1989.

Attorney(s) appearing for the Case

Roberts, Stevens & Cogburn, P.A. by Max O. Cogburn and Glenn S. Gentry, Asheville, for plaintiffs-appellants.

William F. Slawter and Sarah Patterson Brison, Asheville, for defendants-appellees.

BECTON, Judge.

This is an action in which plaintiffs seek an injunction preventing defendant Board of Trustees of the Asheville Policemen's Pension and Disability Fund from transferring assets of the Fund into a State-administered pension system. Plaintiffs further seek a declaration of their rights with respect to this transfer. On 31 December 1986, the judge issued a temporary restraining order forbidding the Trustees from merging the Fund with the State System...

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