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LAKE v. THE DEFENDANTS

No. COA13-1006.

760 S.E.2d 268 (2014)

I. Beverly LAKE, John B. Lewis, Jr., Everette M. Latta, Porter L. McAteer, Elizabeth S. McAteer, Robert C. Hanes, Blair J. Carpenter, Marilyn L. Futrelle, Franklin E. Davis, James D. Wilson, Benjamin E. Fountain, Jr., Faye Iris Y. Fisher, Steve Fred Blanton, Herbert W. Cooper, Robert C. Hayes, Jr., Stephen B. Jones, Marcellus Buchanan, David B. Barnes, Barbara J. Currie, Connie Savell, Robert B. Kaiser, Joan Atwell, Alice P. Nobles, Bruce B. Jarvis, Roxanna J. Evans, and Jean C. Narron, and all others similarly situated, Plaintiffs, v. STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, a corporation, formerly Known as the North Carolina Teachers and State Employees' Comprehensive Major Medical Plan, Teachers' and State Employees' Retirement System of North Carolina, a corporation, Board of Trustees Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate, Janet Cowell, in her official capacity as Treasurer of the State of North Carolina, and the State of North Carolina, Defendants.

Court of Appeals of North Carolina.

June 17, 2014.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III , by Special Deputy Attorney General Marc Bernstein , for the Defendants-appellants.

Gray, Layton, Kersh, Solomon, Furr & Smith, P.A., Gastonia, by Michael L. Carpenter , for Plaintiffs-appellees.

DILLON, Judge.

The State Health Plan for Teachers and State Employees, et al., (the "Defendants") appeal from the denial of their motion to dismiss pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(1), (2), and (6) in favor of I. Beverly Lake, et al., (the "Plaintiffs"). For the foregoing reasons, we affirm in part, and dismiss in part.

I. Background

On 20 April 2012, Plaintiffs filed a complaint alleging, inter alia, that they...

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