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CLOAK v. CODY

326 F.Supp. 391 (1971)

Daniel CLOAK, a minor, by his father and next friend, Frank T. Cloak, Jr., Plaintiff, v. Wilmer CODY, individually and as Superintendent of the Chapel Hill City Board of Education; Woodrow W. Edmonds, individually and as Principal of the Grey Culbreth Junior High School, Chapel Hill; Roy Lindahl, Mary Scroggs, Paul N. Guthrie, Jr., Norman Weatherly, Marvin Silver, Everett Billingsley, and Samuel Holton, individually and as members of the Chapel Hill City Board of Education, Defendants.

United States District Court, M. D. North Carolina, Durham Division.

May 12, 1971.

Attorney(s) appearing for the Case

Norman B. Smith, of Smith & Patterson, Greensboro, N. C., for plaintiff.

Emery B. Denny, Jr., of Haywood, Denny & Miller, Chapel Hill, N. C., for defendants.

MEMORANDUM OPINION

EDWIN M. STANLEY, Chief Judge.

The minor plaintiff, on behalf of himself and on behalf of others similarly situated, seeks injunctive relief and monetary damages against the defendants by reason of the fact that the minor plaintiff was denied the privilege of selling newspapers at a public school in Orange County, North Carolina, in which the minor plaintiff was enrolled as a student.

Following joinder of the issues, the parties...

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