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OVERCASH v. STATESVILLE CITY BD. OF EDUC.

No. 8622SC335.

348 S.E.2d 524 (1986)

Harold OVERCASH and Martin A. Overcash v. STATESVILLE CITY BOARD OF EDUCATION and the City of Statesville.

Court of Appeals of North Carolina.

October 7, 1986.

Attorney(s) appearing for the Case

Wardlow, Knox, Knox, Freeman & Scofield by Lisa G. Caddell, Charlotte, for plaintiffs-appellants.

Avery, Crosswhite & Whittenton by William R. Whittenton, Jr., Statesville, for defendants-appellees.

BECTON, Judge.

Harold Overcash and his son, Martin A. Overcash, sought recovery from defendant, Statesville City Board of Education, for injuries sustained by Martin Overcash while he participated in a school-sponsored baseball game on the premises of Statesville Senior High School. The defendant Board of Education moved to dismiss the action pursuant to Rule 12(b)(6) of the Rules of Civil Procedure on the grounds of governmental immunity. After considering affidavits...

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