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BRITT v. NORTH CAROLINA STATE BD. OF ED.

No. 8716SC63.

357 S.E.2d 432 (1987)

Ronald BRITT, et al. v. NORTH CAROLINA STATE BOARD OF EDUCATION, et al.

Court of Appeals of North Carolina.

July 7, 1987.

Attorney(s) appearing for the Case

Lumbee River Legal Services, Inc. by Julian T. Pierce and T. Diane Phillips; and Locklear, Brooks, Jacobs & Sutton by Dexter Brooks, Pembro, for plaintiffs-appellants.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Edwin M. Speas, Jr., and Asst. Atty. Gen. Laura E. Crumpler, Raleigh, for defendants-appellees North Carolina State Bd. of Educ., its members and Superintendent.

Hal Kinlaw, Jr., Lumberton, for defendants-appellees St. Pauls City Bd. of Educ., its members and Superintendent.

J.M. McManus, Red Springs, for defendants-appellees Red Springs City Bd. of Educ., its members and Superintendent.

John Wishart Campbell, Lumberton, for defendants-appellees Lumberton City Bd. of Educ., its members and Superintendent.

Frank Floyd, Jr., Fairmont, for defendants-appellees Fairmont City Schools, its members and superintendent.

MARTIN, Judge.

This appeal is taken from the order granting the motion of most, but not all, defendants to dismiss the complaint for lack of subject matter jurisdiction, pursuant to G.S. 1A-1, Rule 12(b)(1), and for failure to state a claim upon which relief can be granted, pursuant to G.S. 1A-1, Rule 12(b)(6). Because the Robeson County Board of Education, its members and Superintendent, did not join in the motion, the order appealed from does not finally dispose...

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