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CLOAK v. CODY

No. 71-1616.

449 F.2d 781 (1971)

Daniel CLOAK, a Minor by his father and next friend, Frank T. Cloak, Jr., Appellant, v. Wilmer CODY, individually and as Superintendent of the Chapel Hill-Carrboro, North Carolina, public schools, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 12, 1971.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C. (Smith & Patterson, Greensboro, N. C., on the brief), for appellant.

Emery B. Denny, Jr., Durham, N. C. (Haywood, Denny & Miller, Durham, N. C., on the brief), for appellees.

Before BOREMAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.

PER CURIAM:

Daniel Cloak, an eleven year old junior high school student who sues by his father and next friend, appealed from an order of the district court denying his claim for declaratory and injunctive relief and damages because the defendant school officials, acting under a North Carolina statute, prohibited him from selling newspapers on school property. Several months after the plaintiff filed his complaint, he moved to amend to allege a class action. However...

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