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QUARTERMAN v. BYRD

No. 71-1282.

453 F.2d 54 (1971)

Mary E. QUARTERMAN, as Next Friend of her minor son, Charles C. Quarterman, Appellant, v. F. D. BYRD, individually and as Superintendent of the Cumberland County Schools and his successors, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 26, 1971.

Attorney(s) appearing for the Case

James E. Keenan, Durham, N. C. (Paul & Keenan, Durham, N. C., on brief), for appellant.

Cyrus Faircloth, Fayetteville, N. C., of counsel (Lester G. Carter, Jr., of Carter & Faircloth, of counsel, and James R. Nance, Sr., and Nance, Collier, Singleton, Kirkman & Herndon, Fayetteville, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER and RUSSELL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

At the time of the commencement of this action, the plaintiff was a tenth-grade high school student at Pine Forest High School near Southern Pines, North Carolina.

Among the regulations of Pine Forest High School were the following, designated as General School Rules 7 and 8:

"7. Each pupil is specifically prohibited from distributing, while under school jurisdiction, any advertisements, pamphlets, printed material,...

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