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BD. OF EXAMINERS v. STATE BD. OF EDUC.

No. COA94-1208.

468 S.E.2d 826 (1996)

NORTH CAROLINA BOARD OF EXAMINERS FOR SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, Plaintiff, v. NORTH CAROLINA STATE BOARD OF EDUCATION, Bobby R. Etheridge, Superintendent of Public Instruction, North Carolina Department of Public Instruction, Guilford County Board of Education, Davie County Board of Education, Iredell County Board of Education, Mecklenburg County Board of Education, Columbus County Board of Education, Burke County Board of Education, Laura Szenasy, Jane Irene Ferree, Elizabeth Tuttle Carter, Patricia Yoder, Kathy Wiant, and Bernadine Armstrong, Defendants.

Court of Appeals of North Carolina.

March 19, 1996.

Attorney(s) appearing for the Case

Randall, Jervis & Hill, by John C. Randall, Durham, for plaintiff appellant.

Attorney General Michael F. Easley, by Assistant Attorney General Barbara A. Shaw, for the State.

SMITH, Judge.

This appeal is from a grant of summary judgment in a declaratory judgment action instituted by the North Carolina Board of Examiners for Speech and Language Pathologists and Audiologists ("Examiners" or "Board of Examiners"). The trial court granted summary judgment for defendants, the North Carolina Board of Education, the Department of Public Instruction (DPI), and individuals employed in public schools as speech pathologists. By its declaratory judgment...

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