COPPER v. DENLINGER

No. 526A08.

672 S.E.2d 686 (2009)

Angell COPPER, by his mother and guardian ad litem, Sherry Copper; Desmond Johnson, by his father and guardian ad litem, Wilmer Johnson; Eric Warren and Dion Warren, by their mother and guardian ad litem, Deann Warren; Joshua Thorpe, by his mother and guardian ad litem, Treco Thorpe; Todd Douglas, deceased, by his mother and administratrix of his estate, Sheryl Smith; Deantonio Rhodes, by his mother and guardian ad litem, Linda Rhodes; Jazmyn Jenkins; and Gina Solari; as individuals and as representatives of the class of similarly situated Durham Public School students v. Ann T. DENLINGER, individually and as Superintendent of Durham Public Schools; The Durham Public School Board of Education; Gail Heath, individually and as Chair of the Durham Public School Board of Education; Heidi Carter, Steve Martin and Steve Schewel, individually and as members of the Durham Public School Board of Education; Larry McDonald, individually and as former Principal of Southern High School; Richard Webber, individually and as Principal of C.E. Jordan High School; Rodriquez Teal, individually and as Principal of Southern High School; Worth Hill, Durham County Sheriff; and R.A. Sipple and Joseph Costa, individually, as agents and employees of the Durham County Sheriff, as agents of the Superintendent of Durham Public Schools, and as agents of the Durham Public School Board of Education.

Supreme Court of North Carolina.

February 5, 2009.


Attorney(s) appearing for the Case

Ann L. Majestic, Raleigh, for School Board, et al.

Frances P. Solari, for Copper, et al.

Ann S. Estridge, Dan M. Hartzog, Jr., Raleigh, for Denlinger.

Prior report: ___ N.C.App. ___, 667 S.E.2d 470.


ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendants (Denlinger and Board of Education) on the 25th day of November 2008 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed ex mero motu by order of the Court in conference, this the 5th...

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