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PETERKIN v. COLUMBUS COUNTY BD. OF EDUC.

No. COA96-1315.

486 S.E.2d 733 (1997)

Johnnie J. PETERKIN, Plaintiff-Appellant, v. The COLUMBUS COUNTY BOARD OF EDUCATION, Defendant-Appellee.

Court of Appeals of North Carolina.

July 15, 1997.

Attorney(s) appearing for the Case

Earl Whitted, Jr., Goldsboro, for plaintiff-appellant.

Tharrington Smith by Randall M. Roden and Daniel W. Clark, Raleigh, for defendant-appellee.

WYNN, Judge.

This action stems from plaintiff Johnnie J. Peterkin's dismissal as a vocational teacher in the Columbus County school system through a Reduction in Force ("RIF"). Rather than administratively appealing the Columbus County Board of Education's decision to terminate his employment, Mr. Peterkin chose to file the subject action nearly three years later. Following the trial court's dismissal of his action under Rule 12(b)(6) for failure to state a claim...

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