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HICKS EX REL. HICKS v. HALIFAX COUNTY BD. EDUC.

No. 5:98-CV-981-BR(2).

93 F.Supp.2d 649 (1999)

Catherine HICKS, Aaron Ganues, a minor, By and Through his Guardian ad Litem, Catherine HICKS, Plaintiffs. v. The HALIFAX COUNTY BOARD OF EDUCATION, Dr. Willie J. Gilchrist, in his individual and official capacity as Superintendent for the Halifax County Board of Education, and Jeffrey D. McCain, in his individual and official capacity as Principal of the McIver Elementary School, Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

December 15, 1999.

Attorney(s) appearing for the Case

Martha A. Geer, Patterson, Harkavy & Lawrence, Raleigh, NC, Steven R. Edelstein, Edelstein & Payne, Raleigh, NC, Mebane Rash Whitman, ACLU of North Carolina, Raleigh, NC, for plaintiffs.

H. Lawrence Armstrong, Jr., Hux, Liverman & Armstrong, Enfield, NC, Ann L. Majestic, Tharrington Smith, Raleigh, NC, J. Michael Crowell, Tharrington Smith, Raleigh, NC, Louise M. Paglen, Tharrington Smith, Raleigh, NC, for defendants.

ORDER

BRITT, District Judge.

This matter is before the court on defendants' motion for summary judgment.

On 7 December 1998, plaintiffs Catherine Hicks and Aaron Ganues filed this action in Halifax County Superior Court. Defendants Dr. Willie J. Gilchrist, Jeffrey D. McCain, and the Halifax County Board of Education (the "School Board") removed the action to this court on 30 December 1998. On 25 January 1999, defendants filed an answer. In...

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