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FOWLER v. WILLIAMSON

No. 7825SC172.

251 S.E.2d 889 (1979)

39 N.C. App. 715

Joe C. FOWLER, Sr. and Mrs. Betty H. Fowler v. Henry WILLIAMSON, Individually and as Principal of Hickory High School, Charles Mason, Individually and as Assistant Principal of Hickory High School, Dr. Joseph Wishon, Individually and as Superintendent of Hickory City Schools, Board of Education of the Hickory Administrative School Unit, Harold K. Poovey, Individually, Sam Dula, Individually, Gene Smith, Individually, Mrs. Lois Young, Individually, Mrs. Martha Karslake, Individually, James H. Garrett, Individually, Harold K. Poovey, Sam Dula, Gene Smith, Mrs. Lois Young, Mrs. Martha Karslake, James H. Garrett and Dr. Donald G. Hayes, Members of the Board of Education of the Hickory Administrative School Unit.

Court of Appeals of North Carolina.

February 20, 1979.

Attorney(s) appearing for the Case

Isenhower & Long by Samuel H. Long, III, Newton, for plaintiff appellants.

A. Terry Wood and Patrick, Harper & Dixon by James T. Patrick, Hickory, for defendant appellees, Bd. of Ed. and Individual Bd. Members.

Golding, Crews, Meekins, Gordon & Gray by E. F. Parnell, III, and Chambers, Stein, Ferguson & Becton by James C. Fuller, Jr., Charlotte, for defendant appellees, Williamson, Mason and Wishon.

CLARK, Judge.

In granting the G.S. 1A-1, Rule 12(b)(6) motions of all defendants the trial court determined that plaintiffs failed to allege an actionable claim for mental and emotional distress resulting from defendant principal's action in excluding their son from the graduation ceremony. In considering a Rule 12(b)(6) motion all the allegations of the complaint are taken as true. Sutton v. Duke, 277 N.C. 94,

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