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CLAYTON v. NORTH CAROLINA STATE BOARD OF ELECTIONS

Civ. A. No. 2446.

317 F.Supp. 915 (1970)

Eva M. CLAYTON, Eugene Greuling, Philip R. Cousin and Perry Leazer, Plaintiffs, v. NORTH CAROLINA STATE BOARD OF ELECTIONS and J. Brian Scott, Chairman, and Ernest J. House, Hiram H. Ward, L. H. Jones, and Jerry Alvis, Members, Defendants.

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

Decided September 29, 1970.

Attorney(s) appearing for the Case

James B. Craven, III, Everett, Everett & Creech, Durham, N.C., for plaintiffs.

Robert Morgan, Atty. Gen., James F. Bullock, Deputy Atty. Gen., and James L. Blackburn, Staff Atty., Raleigh, N.C., for defendants.

Before WINTER, Circuit Judge, BUTLER, Chief District Judge, and GORDON, District Judge.

WINTER, Circuit Judge:

This is a suit to enjoin the enforcement of Chapter 1039 of the North Carolina Sessions Laws of 1969 which amended N.C.Gen.Stat. § 163-147. Prior to its amendment in 1969, § 163-147 provided that no person shall "loiter about or do any electioneering within the voting place or within 50 feet thereof." (emphasis added.) The 1969 amendment extended the distance to 500 feet in Cumberland, Durham, Franklin, Guilford, Warren...

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