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STYERS v. PHILLIPS

No. 71.

178 S.E.2d 583 (1971)

277 N.C. 460

J. O. STYERS, R. C. Pfaff and Robert G. Schultz v. Craig PHILLIPS, Superintendent of Public Education of North Carolina, A. C. Davis, Controller, State Board of Education; Edwin Gill, Treasurer of North Carolina; and George S. Lambert, State Disbursing Officer.

Supreme Court of North Carolina.

January 20, 1971.

Attorney(s) appearing for the Case

Smith, Anderson, Dorsett, Blount & Ragsdale, Raleigh, and Hatfield, Allman & Hall by C. Edwin Allman, Winston-Salem, for plaintiff appellees.

Robert Morgan, Atty. Gen., Ralph Moody, Deputy Atty. Gen., and Andrew A. Vanore, Jr., Asst. Atty. Gen., for defendant appellants.

SHARP, Justice:

The ultimate question which this appeal presents is whether the State Board of Education has authority to allocate funds from the General Assembly's 1970-71 appropriation for the Nine Months School Fund to city and county boards of education for the purpose of transporting urban pupils to and from schools located within the corporate limits of the cities and towns in which they live. This is a question of law, and the answer must be found in the enactments...

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