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UNITED STATES v. ONSLOW COUNTY BD. OF EDUC.

Nos. 83-1573, 83-1574.

728 F.2d 628 (1984)

UNITED STATES of America; Major Daniel M. Rowland, individually and as next friend of Mary Alice Rowland; Major Werner Hellmer, individually and as next friend of Werner K. Hellmer and Jessica R. Hellmer; Commander William Hicks, individually and as next friend of Tamara Hicks and Jason Hicks; Lieutenant Commander Harold A. Sloas, individually and as next friend of Harold Sloas, Elliott Sloas, and Susan Sloas; Captain Floyd H. Winn, individually and as next friend of Bethany Winn; Captain Charles D. Wardle, individually and as next friend of Casi Wardle and Erek Marc Downey; Master Sergeant George Bowers, individually and as next friend of Loretta Bowers, Mark Bowers, and Kevin Bowers; and Master Sergeant Paul Tipton, individually and as next friend of Paula Tipton, Gina Tipton, and Ginger Tipton, Appellees, v. ONSLOW COUNTY BOARD OF EDUCATION, Appellant, and The State of North Carolina, and James B. Hunt, Jr., Governor of North Carolina, Defendants. UNITED STATES of America; Major Daniel M. Rowland, individually and as next friend of Mary Alice Rowland; Major Werner Hellmer, individually and as next friend of Werner K. Hellmer and Jessica R. Hellmer; Commander William Hicks, individually and as next friend of Tamara Hicks and Jason Hicks; Lieutenant Commander Harold A. Sloas, individually and as next friend of Harold Sloas, Elliott Sloas, and Susan Sloas; Captain Floyd H. Winn, individually and as next friend of Bethany Winn; Captain Charles D. Wardle, individually and as next friend of Casi Wardle and Erek Marc Downey; Master Sergeant George Bowers, individually and as next friend of Loretta Bowers, Mark Bowers, and Kevin Bowers; and Master Sergeant Paul Tipton, individually and as next friend of Paula Tipton, Gina Tipton, and Ginger Tipton, Appellees, v. The STATE OF NORTH CAROLINA, Appellant, and Onslow County Board of Education and James B. Hunt, Jr., Governor of North Carolina, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Elizabeth C. Bunting, Asst. Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N.C., on brief), and Marshall F. Dotson, Jr., Jacksonville, N.C. (Warlick, Milsted, Dotson & Carter, Jacksonville, N.C., on brief), for appellants.

Marleigh D. Dover, Appellate Staff, Civil Division, U.S. Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Samuel T. Currin, U.S. Atty., Raleigh, N.C., Michael F. Hertz, Appellate Staff, Civil Division, U.S. Dept. of Justice, Washington, D.C., on brief), for appellees.

Before RUSSELL, WIDENER and SPROUSE, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

Onslow County, North Carolina is the location of the Marine Corps installations of Camp Lejeune and the related Marine Corps Air Station. On July 6, 1982, the Onslow County Board of Education adopted a resolution having the effect of an ordinance and requiring that all nondomiciliary students enrolled in the Onslow County public schools be charged tuition for the 1982-83 school year. The United States and several individual plaintiffs...

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