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KINSTON CITY BD. OF ED. v. BD. OF COM'RS, ETC.

No. 758SC1060.

225 S.E.2d 145 (1976)

29 N.C. App. 554

KINSTON CITY BOARD OF EDUCATION v. BOARD OF COMMISSIONERS OF LENOIR COUNTY.

Court of Appeals of North Carolina.

June 2, 1976.

Attorney(s) appearing for the Case

Jeffress, Hodges, Morris & Rochelle, P.A., by Thomas H. Morris, Kinston and Barry Nakell, Chapel Hill, for plaintiff-appellee.

Manning, Fulton & Skinner by Howard E. Manning, Howard E. Manning, Jr., Raleigh, and Thomas B. Griffin, Jones, Reed & Griffin, Kinston, for defendants-appellants.

North Carolina School Bds. Ass'n, by Frederic E. Toms, amicus curiae.

North Carolina Ass'n of County Com'rs, by John T. Morrisey, Sr., and Charles Ronald Aycock, Raleigh, amicus curiae.

VAUGHN, Judge.

The only assignment of error is that the court erred in permitting a jury from Wayne County to sit and render a verdict in the case. As appellant puts it:

"The question now before this Court on appeal is whether or not citizens and residents of another county than the county whose tax funds are at issue may render a decision which results in the tax levying authorities being ordered to allocate and appropriate tax funds to support the educational...

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