#### FRED T. SULLIVAN and PAMELA SULLIVAN, Plaintiffs-Appellants v. NEW HANOVER COUNTY and DOUG A. GARRETT, in his individual and official capacity, Defendants-Appellees FRED T. SULLIVAN and BESSIE SULLIVAN, Plaintiffs-Appellants v. NEW HANOVER COUNTY and DOUG A. GARRETT, in his individual and official capacity, Defendants-Appellees

No. COA 95-144

No. COA 95-145

(Filed 7 November 1995)

Appeal by plaintiffs from order entered 9 December 1994 by Judge W. Allen Cobb, Jr. in New Hanover County Superior Court. Heard in the Court of Appeals 27 October 1996.

Shipman & Lea, by Gary K. Shipman, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice, by Allan R. Gitter and Ursula M. Henninger, for defendants-appellees.

PER CURIAM

For the reasons stated in Judge John C. Martin’s opinion, Sinning v. Clark, 119 N.C. App. 515, 459 S.E.2d 71 (1995), we affirm the judgment of the trial court in this case.

Affirmed.

Panel consisting of:

Judges LEWIS, WYNN, and JOHN.