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STATE v. WHITTLE COMMUNICATIONS

No. 164PA90.

393 S.E.2d 888 (1990)

The STATE of North Carolina; the North Carolina State Board of Education; and Bob Etheridge, State Superintendent of Public Instruction, Plaintiffs, v. WHITTLE COMMUNICATIONS and The Thomasville City Board of Education, Defendant-Counterclaimants and The DAVIDSON COUNTY BOARD OF EDUCATION, Defendant-Intervenor Counterclaimant, v. The STATE of North Carolina; the North Carolina State Board of Education; and Bob Etheridge, State Superintendent of Public Instruction; and Howard S. Haworth; Barbara M. Tapscott; Kenneth R. Harris; Teena Smith Little; W.C. Meekins, Jr.; Mary B. Morgan; Patricia H. Neal; Cary C. Owen; Donald D. Pollock; Prezell R. Robinson; Norma B. Turnage; State Treasurer Harlan E. Boyles; and Lt. Governor James C. Gardner; in their official capacities as members of the North Carolina State Board of Education, Counterclaimants-Defendants.

Supreme Court of North Carolina.

May 10, 1990.

Attorney(s) appearing for the Case

Edwin M. Speas, Jr., Sr. Deputy Atty. Gen., Laura E. Crumpler, Asst. Atty. Gen. for plaintiffs.

John R. McArthur, Raleigh, for defendant Whittle.

W. Russell Batten, Thomasville, for Thomasville City Bd. of Educ. Walter F. Brinkley, Lexington, for Davidson County Bd. of Educ.

ORDER

Upon consideration of the petition filed by Plaintiffs in this matter for discretionary review under G.S. § 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 10th day of May 1990."

Therefore the case is docketed in this Supreme Court as of the date of this order's...

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