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NORTH CAROLINA BD. OF EXAMINERS FOR SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS v. NORTH CAROLINA STATE BOARD OF EDUCATION

No. 177A96.

480 S.E.2d 50 (1997)

NORTH CAROLINA BOARD OF EXAMINERS FOR SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS v. NORTH CAROLINA STATE BOARD OF EDUCATION, Bobby R. Etheridge, Superintendent of Public Instruction, North Carolina Department of Public Instruction, Guilford County Board of Education, Davie County Board of Education, Iredell County Board of Education, Mecklenburg County Board of Education, Columbus County Board of Education, Burke County Board of Education, Laura Szenasy, Jane Irene Ferree, Elizabeth Tuttle Carter, Patricia Yoder, Kathy Wiant, and Bernadine Armstrong.

Supreme Court of North Carolina.

February 10, 1997.

Attorney(s) appearing for the Case

Randall, Jervis & Hill by John C. Randall, Durham, for plaintiff-appellee.

Michael F. Easley, Attorney General by Thomas J. Ziko, Special Deputy Attorney General, and Barbara A. Shaw, Assistant Attorney General, for defendants-appellants.

Kilpatrick & Cody by Neil I. Levy, Washington, DC, for American Speech-Language-Hearing Association, amicus curiae.

PER CURIAM.

Chief Justice Mitchell and Justices Frye, Whichard, and Lake voted to affirm the decision of the Court of Appeals for the reasons stated in the majority opinion by Smith, J. Justices Webb, Parker, and Orr voted to reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion by Greene, J. Accordingly, the decision of the Court of Appeals is affirmed.

We hold that defendants' petition for discretionary review of additional...

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