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McKINNEY v. GOINS

No. COA22-261.

892 S.E.2d 460 (2023)

Dustin Michael McKINNEY, George Jeremy McKinney and James Robert Tate, Plaintiffs, v. Gary Scott GOINS and the Gaston County Board of Education, Defendants.

Court of Appeals of North Carolina.

Filed September 12, 2023.

Attorney(s) appearing for the Case

Lanier Law Group, P.A., by Donald S. Higley, II , Robert O. Jenkins , and Lisa Lanier , for Plaintiffs-Appellants.

Attorney General Joshua H. Stein , by Solicitor General Ryan Y. Park , Deputy Solicitor General Nicholas S. Brod , Solicitor General Fellow Zachary W. Ezor , and Special Deputy Attorney General Orlando L. Rodriguez , for Intervenor-Appellant State of North Carolina.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Elizabeth Lea Troutman , Robert J. King, III , Jill R. Wilson , and Lindsey S. Barber , for Defendant-Appellee Gaston County Board of Education.

No brief filed by Defendant-Appellee Gary Scott Goins.

Fox Rothschild LLP, by Troy D. Shelton , for Amici Curiae Student Victims of Sexual Abuse.

Troutman Pepper Hamilton Sanders LLP, by Joshua D. Davey and Mary K. Grob , for Amicus Curiae Roman Catholic Diocese of Charlotte, North Carolina.

Wilder Pantazis Law Group, by Sam McGee , for Amicus Curiae CHILD USA.

Tharrington Smith, L.L.P., by Deborah R. Stagner , for Amicus Curiae North Carolina School Boards Association.

Nelson Mullins Riley & Scarborough, LLP, by Lorin J. Lapidus , G. Gray Wilson , Denise M. Gunter , and Martin M. Warf , and Bell, Davis & Pitt, P.A., by Kevin G. Williams , for Amicus Curiae Young Men's Christian Association of Northwest North Carolina d/b/a Kernersville Family YMCA.

Plaintiffs Dustin Michael McKinney, George Jeremy McKinney, and James Robert Tate, along with Intervenor-Appellant State of North Carolina, appeal from an order entered by a divided three-judge panel in Wake County dismissing Plaintiffs' complaint under Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. The majority below...

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