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AVERY v. COUNTY SCHOOL BOARD OF BRUNSWICK COUNTY

64 S.E.2d 767 (1951)

192 Va. 329

AVERY v. COUNTY SCHOOL BOARD OF BRUNSWICK COUNTY.

Supreme Court of Appeals of Virginia.

May 7, 1951.

Attorney(s) appearing for the Case

B. A. Lewis, Thomas E. Warriner, Jr., Lawrenceville, for appellant.

J. C. Hutcheson, Lawrenceville, for appellee.

Before HUDGINS, C. J, and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

WHITTLE, Justice.

This case is before us on a motion of the County School Board of Brunswick County, Virginia, appellee, to dismiss the appeal granted Stewart Avery, appellant. The motion to dismiss is based upon the failure of counsel for appellant to comply with the rules of procedure which became effective, after much publicity, on February 1, 1950.

It is admitted by counsel for appellant that they failed to designate, within the time allowed by Rule 5...

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