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NESTLER v. CHAPEL HILL/CARRBORO CITY SCH.

No. 8215SC1138.

311 S.E.2d 57 (1984)

Clyde H. NESTLER v. CHAPEL HILL/CARRBORO CITY SCHOOLS BOARD OF EDUCATION.

Court of Appeals of North Carolina.

February 7, 1984.

Attorney(s) appearing for the Case

Winston, Blue, Larimer & Rooks by J. William Blue, Jr., Chapel Hill, for petitioner-appellee.

Alexander & McCormick by John G. McCormick, Chapel Hill, for respondent-appellant.

Tharrington, Smith & Hargrove by George T. Rogister, Jr. and Ann L. Majestic, Raleigh, for North Carolina School Boards Ass'n, amicus curiae.

WEBB, Judge.

We believe the Board's findings of fact as to the petitioner's weakness as a teacher support the conclusion of his inadequate performance. If these findings of fact were supported by the evidence, the superior court was in error in reversing the Board's decision. The standard of review for the superior court is the "whole record test" which requires that in considering the substantiality of the evidence to support the findings of fact, the court must...

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