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PAINTER v. WAKE COUNTY BOARD OF EDUCATION

No. 114.

217 S.E.2d 650 (1975)

288 N.C. 165

Walter PAINTER et al., Plaintiffs, v. WAKE COUNTY BOARD OF EDUCATION, a body corporate, et al., Defendants, v. Kenneth R. BALLENGER et al., Intervenors.

Supreme Court of North Carolina.

August 27, 1975.

Attorney(s) appearing for the Case

Kirk & Ewell by George Hamrick and Clarence M. Kirk, Wendell, for plaintiff appellants.

Davis, Davis & Debnam by F. Leary Davis, Jr., Zebulon, for defendant appellee.

Hatch, Little, Bunn, Jones, Few & Berry by William T. Hatch and Harold W. Berry, Jr., Raleigh, for defendant intervenors.

MOORE, Justice.

We first consider whether the final judgment entered in Eggimann v. Board of Education, 22 N.C. App. 459, 206 S.E.2d 754 (1974), bars plaintiffs as to issues regarding defendant's selection of the Yancey farm site.

A judgment on the merits is conclusive not only as to matters actually litigated and determined but also as to all matters properly within the scope...

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