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BORING v. BUNCOMBE COUNTY BD. OF EDUC.

No. 95-2593.

98 F.3d 1474 (1996)

Margaret BORING, Plaintiff-Appellant, v. THE BUNCOMBE COUNTY BOARD OF EDUCATION; Charles Johnson, Chairman; Michael Anders; Terry Roberson; Bruce Goforth; Bill Williams; Grace Brazil; Wendell Begley; Dr. J. Frank Yeager, Superintendent; Fred Ivey, Principal; each in his/her individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1996.

Rehearing Granted; Opinion Vacated December 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Leon Dayan, Bredhoff & Kaiser, Washington, D.C., for Appellant. Jim D. Cooley, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Charlotte, North Carolina, for Appellees. ON BRIEF: Jeremiah A. Collins, Bredhoff & Kaiser, Washington, D.C.; S. Luke Largess, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., Charlotte, North Carolina, for Appellant. W. Clark Goodman, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Charlotte, North Carolina, for Appellees.

Before WIDENER, MURNAGHAN and MOTZ, Circuit Judges.

Rehearing En Banc Granted; Opinion Vacated December 3, 1996.

Reversed and remanded by published opinion. Judge MOTZ wrote the majority opinion, in which Judge MURNAGHAN joined. Judge WIDENER wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this case, a high school drama teacher appeals the dismissal of her complaint for failure to state a claim. The district court determined from the face of the teacher's complaint...

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