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GARRISON v. MILLER

No. 7827SC500.

252 S.E.2d 851 (1979)

William B. GARRISON, III, Plaintiff, v. James MILLER, Maude Carter, Charles W. Craig, William L. Craig, Jr., Charles D. Gray, III, Marie Hamilton, Clyde Lutz, Frederick L. Smyre and J. Bruce Trammell, Individually and as Members of the Gaston County Board of Education, Defendants, and John Kinlaw and Everrette L. Carlton, Original Defendants and Additional Defendants, and Zane Eargle, Superintendent, Additional Defendant.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

Henry M. Whitesides, Whitesides & Robinson, Gastonia, for plaintiff appellee.

Garland & Alala, by James B. Garland, Gastonia, for defendants appellants.

CARLTON, Judge.

Counsel for plaintiff and defendants expressed their desire that this Court fully address the merits of the action. We are precluded from doing so by prevailing law.

We think the case at bar is clearly controlled by the decision of our Supreme Court in Union Carbide Corp. v. Davis, 253 N.C. 324, 116 S.E.2d 792 (1960) and other similar cases. Justice Higgins succinctly...

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