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IN RE ASSIGNMENT OF SCHOOL CHILDREN

No. 453.

87 S.E.2d 911 (1955)

242 N.C. 500

In the Matter of ASSIGNMENT OF the SCHOOL CHILDREN IN the STELLA COMMUNITY OF CARTERET COUNTY to the White Oak School in Onslow County.

Supreme Court of North Carolina.

June 30, 1955.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for petitioners-appellants.

Hughes & Abbott, Trenton, for movants-appellants.

Atty. Gen. Harry McMullan and Asst. Atty. Gen. Claude L. Love for respondent State Board of Education, appellee.

John D. Larkins, Jr., Trenton, for respondent Board of Education of Jones County, appellee.

BOBBITT, Justice.

When this controversy was before the State Board of Education, it had authority to tranfer children living in one administrative unit or district to another for the school term without the payment of tuition. G.S. § 115-352. Petitioners contended principally that the State Board, in making its said order of May, 1954, did not in fact exercise its independent judgment and failed to comply with procedural...

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