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PATTERSON v. SWEATT

No. COA00-746.

553 S.E.2d 404 (2001)

William J. PATTERSON, Lisa K. Patterson, Plaintiffs, v. Philip SWEATT, individually and in his official capacity, Phillip Rainwater, individually and in his official capacity, Wendell Sessoms, individually and in his official capacity, Dale Furr, Sheriff of Richmond County, and Western Surety Company, as surety, Defendants.

Court of Appeals of North Carolina.

October 2, 2001.

Attorney(s) appearing for the Case

Henry T. Drake, Wadesboro, for plaintiffs-appellants.

Stott Hollowell Palmer & Windham, L.L.P., by Martha Raymond Thompson, Gastonia, for defendants-appellees Sweatt, Rainwater, Sessoms and Furr.

Kitchin Neal Webb Webb & Futrell, P.A., by Stephan R. Futrell, Rockingham, for defendant-appellee Western Surety.

BRYANT, Judge.

On 10 August 1998, Richmond County deputies (defendants) searched the plaintiffs' [Pattersons] residence and seized cash and paperwork. At the time of the seizure, William Patterson was a suspect in relation to the sale and distribution of cocaine. Patterson was subsequently charged and plead guilty to several criminal charges including Possession with Intent to Sell and Distribute Cocaine and Maintaining a Dwelling Used for the Purposes of Keeping...

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