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  5. 93 F.Supp.2d 644 (1999)
 

STEVENSON EX REL. STEVENSON v. MARTIN COUNTY BD.

No. 4:99-CV-84-H (3).

93 F.Supp.2d 644 (1999)

Alex STEVENSON, By and Through his father and next friend, Elmer William STEVENSON, and Elmer William Stevenson on his own behalf, Plaintiffs, v. MARTIN COUNTY BOARD OF EDUCATION, and Willie C. Peele, Superintendent of Martin County Schools, individually and in his official capacity, Harry D. Respass, Principal of Williamston Middle School, individually and in his official capacity, and Swanola Chance, teacher at Williamston Middle School, individually and in her official capacity, Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

November 15, 1999.

Attorney(s) appearing for the Case

Charles K. McCotter, Jr., Robert J. McAfee, McCotter, McAfee & Ashton, New Bern, NC, Stacey B. Bawtinhimer, New Bern, NC, for Alex Stevenson, by and through his father and next friend, Elmer William Stevenson, plaintiffs.

J. Michael Crowell, Tharrington Smith, Raleigh, NC, for Martin County Board of Education, Willie C. Peele, Harry D. Respass, Swanola Chance, defendants.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on defendants' motion to dismiss plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1). Plaintiffs have responded and moved to strike certain portions of defendants' motion. This matter is ripe for ruling.

STATEMENT OF THE FACTS

Plaintiff, Alex Stevenson ("Alex"), attended the sixth grade at Williamston Middle School in Martin County, North Carolina...

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