With reference to the regulation attackéd by both' Glusman and Lamb, we now hold, on authority of Vlandis v. Kline, 412 U.S. 441, 37 L.Ed. 2d 63, 93 S.Ct. 2230 (1973); that a student who was classified as a nonresident for tuition purposes at the time of his original enrollment could become, upon establishing his domicile in North Carolina for six months or more, entitled to in-State tuition status notwithstanding during this six months’ period he was enrolled in an institution of higher education in this State. This is in accord with Judge Braswell’s holding with reference to that regulation.
In our prior decision, we held that Lamb did not become entitled to in-State tuition status in January 1970 on account of his marriage then to a North' Carolina domiciliary. Neither petitioners’- appeal to the United States Supreme Court nor Vlandis v. Kline, supra, involved that decision. ■
The “Agreed Statement of Facts” contains, these' stipulations: When they came to North. Carolina, both Glusman.and Lamb had the intent of remaining in the State for an indefinite period of time. Both established residence in the State of North Carolina for the purposes of voting and payment of taxes. “ [T] he only reason why both were denied, after six months had *229elapsed, reclassification for tuition purpose to that of resident is that neither maintained a residence in the State for six continuous months exclusive of time spent while in attendance at the University of North Carolina School of Law.”
The. stipulations establish that Glusman qualified for inState tuition from September 1969 to June 1970 and from September 1970 to June 1971; and that Lamb qualified for in-State tuition from September 1970 to June 1971 and from September 1971 until December 1971.
The stipulated facts do not establish that Lamb was qualified for in-State tuition from September 1969 until June 1970. He acquired in-State tuition status only for periods beginning six months or more after September 1969.
Accordingly, the judgiftent of the court below is vacated. The case is remanded to the superior court with direction that it remand the case to the Residence Status Committee of the University of North Carolina at Chapel Hill for further proceedings in accordance with the law as declared herein.
Remaridéd with directions.