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WEBSTER v. PERRY

Civ. No. C-138-WS-72, Civ. No. 72-72.

367 F.Supp. 666 (1973)

Cornelia WEBSTER, a minor by her mother and next friend, Gertie Webster, Individually and on behalf of all others similarly situated, et al., Plaintiffs, v. Alan R. PERRY as Chairman and Representative of the Board of Education of the Winston-Salem/Forsyth County School System and Marvin Ward as Superintendent of the Winston-Salem/Forsyth County School System, Defendants. David DUNLAP, as next friend and father to Gloria Dunlap, et al., Plaintiffs, v. The CHARLOTTE-MECKLENBURG BOARD OF EDUCATION et al., Defendants.

M. D. North Carolina, Winston-Salem Division, W. D. North Carolina, Charlotte Division, United States District Court.

Decided December 3, 1973.

Attorney(s) appearing for the Case

Michael Sheely and Herman L. Stephens, Legal Aid Society of Forsyth County, and Renn Drum, Drum & Liner, Winston-Salem, N. C., for plaintiffs, in Civ. No. C-138-WS-72.

W. F. Womble and John L. W. Garrou, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., for defendants, in Civ. No. C-138-WS-72.

Shelley Blum, Legal Aid Society of Mecklenburg County, Charlotte, N. C., for plaintiffs, in Civ. No. 72-72.

William W. Sturges and John J. Doyle, Jr., Weinstein, Sturges, Odom & Bigger, P. A., Charlotte, N. C., for defendants, in Civ. No. 72-72.

Andrew A. Vanore, Jr., Deputy Atty. Gen. of N. C., for defendant Phillips.

Before CRAVEN, Circuit Judge, GORDON, Chief District Judge, and McMILLAN, District Judge.

MEMORANDUM OF DECISION FOR THREE-JUDGE COURT

CRAVEN, Circuit Judge:

These actions, Webster v. Perry, in the Middle District of North Carolina, and Dunlap v. Charlotte-Mecklenburg Board of Education, in the Western District of North Carolina, were brought by the parents and next friends of the plaintiffs, students in the North Carolina public schools who were expelled, the school authorities insist, for disciplinary reasons. N.C.Gen.Stat. § 115-147 ...

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