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KEENAN v. BOARD OF LAW EXAMINERS OF STATE OF N. C.

Civ. No. 2554.

317 F.Supp. 1350 (1970)

James E. KEENAN, Margaret Burnham, aka Margaret Cotton, Loren Mitchell, individually and on behalf of all others similarly situated, Plaintiffs, v. BOARD OF LAW EXAMINERS OF the STATE OF NORTH CAROLINA, and its chairman, Charles G. Buck and his successors, and its members, William L. Mills, Jr., James B. Swails, Horace E. Stacy, Emerson P. Dameron, J. E. Tucker, Robert C. Howison, Jr., Ernest W. Machen, Jr., and W. H. McElwee and their successors, and its secretary-treasurer, B. E. James and his successors, Defendants.

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

Decided October 2, 1970.

Attorney(s) appearing for the Case

James E. Keenan, pro se.

William Van Alstyne, Durham, N. C., George Daly and Adam Stein, Charlotte, N. C., for plaintiffs.

Lindsay C. Warren, Jr., Taylor, Allen, Warren & Kerr, Goldsboro, N. C., and Robert B. Cordle, Helms, Mulliss & Johnston, Charlotte, N. C., for defendants.

Robert Morgan, Atty. Gen., of N. C., Andrew A. Vanore, Jr., Asst. Atty. Gen., amicus curiae.

Before CRAVEN, Circuit Judge, and BUTLER and McMILLAN, District Judges.

CRAVEN, Circuit Judge:

The plaintiffs James E. Keenan, Margaret Burnham, and Loren Mitchell bring this class action seeking a declaratory judgment declaring unconstitutional and an injunction preventing enforcement of Rule VI(6) of the Rules Governing Admission to the Practice of Law in the State of North Carolina promulgated by the North Carolina Board of Law Examiners. We hold Rule VI(6) to be unconstitutional because it creates an unreasonable, arbitrary classification...

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