TOPPING v. NORTH CAROLINA STATE BOARD OF EDUCATION

No. 31.

106 S.E.2d 502 (1959)

249 N.C. 291

Earl TOPPING v. NORTH CAROLINA STATE BOARD OF EDUCATION and William D. Herring, J. A. Pritchett, Guy B. Phillips, Charles G. Rose, Jr., R. Barton Hayes, Gerald Cowan, Charles E. Jordan, H. L. Trigg, Edwin Gill, Individual Members Thereof, Who Are Sued in Such Capacity, and Charles F. Carroll, Superintendent of Public Instruction of North Carolina, Original Defendants, and Hyde County Board of Education and Gratz Spencer, Walter Lee Gibbs, and Crawford Cahoon, Individual Members Thereof, Additional Defendants.

Supreme Court of North Carolina.

January 14, 1959.


Attorney(s) appearing for the Case

Grimes & Grimes, LeRoy Scott and Wilkinson & Ward, Washington, N. C., for plaintiff-appellant.

Malcolm B. Seawell and Claude L. Love, Asst. Attys. Gen., for original defendants-appellees.

O. L. Williams, Swanquarter, and White & Aycock, Kinston, for additional defendants-appellees.


BOBBITT, Justice.

Judge Moore's order of April 23, 1958, entered after notice and hearing, restrained the original defendants "until the final hearing of the cause or until title to the full site of 15.15 acres shall have been acquired in fee simple by the Board of Education of Hyde County."

The original defendants were entitled, by perfecting an appeal from Judge Moore's said interlocutory order, to a review by this Court of his findings of fact and...

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