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BAXTER v. POE

No. 7826SC204.

257 S.E.2d 71 (1979)

42 N.C. App. 404

F. Leona BAXTER v. William E. POE, Individually and as Chairman of the Charlotte-Mecklenburg Board of Education, Thomas B. Harris, Phillip O. Berry, C. D. Spangler, Jr., Marilyn Huff, John B. McLaughlin, Individually and as members of the Charlotte-Mecklenburg Board of Education, the Charlotte-Mecklenburg Board of Education, a public body corporate, Dr. Rolland W. Jones, Superintendent of Schools for Charlotte-Mecklenburg, John J. Doyle, Jr., and Kathleen R. Crosby.

Court of Appeals of North Carolina.

Certiorari Denied September 25, 1979.

Attorney(s) appearing for the Case

James, McElroy & Diehl by William K. Diehl, Jr., and Gary S. Hemric, Charlotte, for the appellant.

John G. Golding and Harvey L. Cosper, Jr., Charlotte, for the appellees.

Certiorari Denied by Supreme Court September 25, 1979.

PARKER, Judge.

The scope of the Superior Court's review of the Board's decision in this case and the power of that court in disposing of the case were governed by former G.S. 143-315 (now G.S. 150A-51), which was in effect at the time of the Board hearings in this matter. That statute provided:

The court may affirm the decision of the agency or remand the case for further proceedings; or it may...

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