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FULLER v. SCOTT

No. C-249-D-69.

328 F.Supp. 842 (1971)

Howard FULLER et al., Plaintiffs, v. Robert SCOTT, Governor of the State of North Carolina, et al., Defendants.

United States District Court, M. D. North Carolina, Durham Division.

Decided June 21, 1971.

Attorney(s) appearing for the Case

W. G. Pearson, II, and C. C. Malone, Jr., of Pearson, Malone, Johnson & DeJarmon, Durham, N. C., for plaintiffs.

Burley B. Mitchell, Jr., and Charles A. Lloyd, Raleigh, N. C., for defendants.

Before CRAVEN, Circuit Judge, and JONES and GORDON, District Judges.

PER CURIAM.

A divided Court (Jones, D. J., dissenting) on February 23, 1971, entered a declaratory judgment and opinion (see Appendix) in this case holding unconstitutional portions of Article 36A, Chapter 14 of the North Carolina General Statutes, entitled Riots and Civil Disorders (the Act). Injunctive relief was not awarded. Following the entry of the judgment and opinion in this case, opinions of the Supreme Court...

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