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The city attorney has asked a judge to dismiss a case against three City Council members accused of violating the state’s open meeting law.

The motion, filed on behalf of Mayor Sherri M. Butterfield, Councilman William S. Craycraft and Councilwoman Susan Withrow, asks that Superior Court Judge Eileen C. Moore dismiss the case on the grounds that any violation of the law that may have occurred during a closed session in April 1999 was rectified when Butterfield read a statement about it during a council meeting Aug. 16.

The lawsuit was filed by residents Eugene Dale Tyler, Kyle Crenshaw and Brad Morton. The judge is scheduled to hand down his decision by the end of the month.

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