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BORING v. BUNCOMBE COUNTY BD. OF EDUC.

No. 95-2593.

136 F.3d 364 (1998)

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, National School Boards Association; North Carolina School Boards Association; Virginia School Boards Association Council Of School Attorneys, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

ARGUED: Jeremiah Andrew Collins, Bredhoff & Kaiser, P.L.L.C., Washington, DC, for Appellant. Jim D. Cooley, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Charlotte, NC, for Appellees. ON BRIEF: Leon Dayan, Bredhoff & Kaiser, P.L.L.C., Washington, DC; S. Luke Largess, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., Charlotte, NC, for Appellant. W. Clark Goodman, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Charlotte, North Carolina, for Appellees. August W. Steinhilber, NSBA General Counsel, Gwendolyn H. Gregory, Deputy General Counsel, National School Boards Association, Alexandria, VA, for Amicus Curiae National School Boards Association. Michael Crowell, Tharrington Smith, L.L.P., Raleigh, NC; Ann W. McColl, Legal Counsel, North Carolina School Boards Association, Raleigh, NC, for Amicus Curiae North Carolina School Boards Association. J.T. Tokarz, Jonathan A. Stanley, Richmond, VA, for Amicus Curiae VSBA Council.

Before WILKINSON, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge WIDENER wrote the majority opinion, in which Chief Judge WILKINSON, Judge RUSSELL, Judge WILKINS, Judge NIEMEYER, Judge LUTTIG and Judge WILLIAMS joined. Chief Judge WILKINSON wrote a concurring opinion. Judge LUTTIG wrote a concurring opinion, in which Judge WILKINS and Judge WILLIAMS joined. Judge HAMILTON wrote a dissenting opinion, in which Judge MURNAGHAN joined. Judge Motz wrote a dissenting opinion, in which Judge HALL, Judge Murnaghan...

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