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RESOLUTE INSURANCE COMPANY v. STATE OF NORTH CAROLINA

Civ. A. No. 2064.

276 F.Supp. 660 (1967)

RESOLUTE INSURANCE COMPANY, Plaintiff, v. STATE OF NORTH CAROLINA, Edwin Lanier, Commissioner of Insurance of North Carolina, Union County, and Union County Board of Education, Defendants.

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

Decided December 7, 1967.

Attorney(s) appearing for the Case

George W. Miller, Jr., of Haywood, Denny & Miller, Durham, N. C., for plaintiff.

Ralph Moody, Asst. Atty. Gen., Justice Dept., Raleigh, N. C., for defendants.

HEMPHILL, District Judge.

Facts giving rise to the forfeiture of the bonds in question arose after the defendants Mallory, Crowder and Reep had been indicted, tried and convicted by the Superior Court of Union County. The plaintiff herein then became surety of the appearance bonds on the appeal to the North Carolina Supreme Court. The appeal alleged systematic exclusion of Negroes from the Grand Jury. The Supreme Court reversed the convictions and quashed the indictments...

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