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SHOOK v. GASTON COUNTY BD. OF EDUC.

No. 88-3893.

882 F.2d 119 (1989)

Karen Leigh SHOOK, By and Through her guardian ad litem, Wendy SHOOK, Plaintiff-Appellant, v. GASTON COUNTY BOARD OF EDUCATION, Defendant-Appellee, v. STATE OF NORTH CAROLINA; the North Carolina State Board of Education, Third Party Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1989.

Attorney(s) appearing for the Case

David B. Puryear, Jr. (Booth, Harrington, Johns & Campbell, Greensboro, N.C., on brief) for plaintiff-appellant.

James Boyce Garland, Sr. (Garland & Wren, Gastonia, N.C., on brief) for defendant-appellee.

Before WIDENER, Circuit Judge, and BUTZNER, Senior Circuit Judge, and HENDERSON, District Judge for the District of South Carolina, sitting by designation.

WIDENER, Circuit Judge:

Karen L. Shook, by her guardian ad litem, appeals the grant of summary judgment in favor of the Gaston County Board of Education. The district court found that although the statute of limitations did not bar her claim, she lacked requisite standing. We are of opinion that the plaintiff has timely filed and further that she has standing to pursue her cause of action. We affirm in part and vacate and remand this case to the district court for...

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