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FINCHER v. SCOTT

Civ. A. No. C-148-R-72.

352 F.Supp. 117 (1972)

Fred W. FINCHER, Plaintiff, v. J. Brian SCOTT et al., Defendants.

United States District Court, M. D. North Caolina, Rockingham Division.

Decided December 12, 1972.

Attorney(s) appearing for the Case

Norman B. Smith, Smith, Patterson, Follin & Curtis, Greensboro, N. C., for plaintiff.

Robert Morgan, Atty. Gen. of North Carolina, James F. Bullock, Deputy Atty. Gen. (Henry E. Poole, Associate Atty., North Carolina Dept. of Justice, Raleigh, N. C., on brief), for defendants.

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

CRAVEN, Circuit Judge:

May one of the States of the Union constitutionally deny the franchise to convicted felons? We think so, and, for reasons to be stated, will direct the Clerk to enter judgment dismissing the complaint.

Plaintiff, a convicted felon, attempted to register to vote in Scotland County, North Carolina. He was refused the right to register because he was a convicted felon whose rights of citizenship had not been restored. Thereafter, he brought...

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