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HUGHEY v. CLONINGER

No. 7727SC702.

245 S.E.2d 543 (1978)

37 N.C. App. 107

James F. HUGHEY v. Polie Q. CLONINGER, George A. Jenkins, Bud Black, Gene Carson, Harley B. Gaston, Jr., Robert A. Heavner, and Charles A. Rhyne, County Commissioners of Gaston County and Gaston County.

Court of Appeals of North Carolina.

July 11, 1978.

Attorney(s) appearing for the Case

Roberts & Planer, P. A. by Joseph B. Roberts, III, Gastonia, for plaintiff-appellant.

Hollowell, Stott & Hollowell by Grady B. Stott, Gastonia, for defendants-appellees.

Tharrington, Smith & Hargrove by George T. Rogister, Jr., Raleigh, for amicus curiae, North Carolina School Boards Ass'n.

Chambers, Stein, Ferguson & Becton, P. A. by James C. Fuller, Jr., Charlotte, for amicus curiae, North Carolina Ass'n of Educators.

MITCHELL, Judge.

The plaintiff appellant assigns as error the trial court's conclusion as a matter of law that Gaston County could lawfully appropriate and expend public funds by direct disbursement to and for the Dyslexia School of North Carolina, Inc. In support of this assignment, the plaintiff refers us to numerous sections of the Constitution of North Carolina which he contends prohibit such appropriations and expenditures. We need consider only one.

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