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FOWLER v. ALEXANDER

No. C-219-WS-71.

340 F.Supp. 168 (1972)

Jesse FOWLER, Individually and on behalf of all others similarly situated, Plaintiff, v. Abner ALEXANDER, Chief District Judge, 21st Judicial District of North Carolina, et al., Defendants.

United States District Court, M. D. North Carolina, Winston-Salem Division.

March 22, 1972.

Attorney(s) appearing for the Case

Michael Sheely, Staff Atty., and Herman L. Stephens, of the Legal Aid Society of Forsyth County, Winston-Salem, N. C., for plaintiff.

Jacob L. Safron, Raleigh, N. C., for defendants Alexander, Henderson and Montague.

P. Eugene Price, Jr., County Atty., Winston-Salem, N. C., for defendants Wood and Lancaster.

MEMORANDUM OPINION AND ORDER

EUGENE A. GORDON, Chief Judge.

This cause is before the Court upon motion by the defendants to dismiss the action for failure to state a claim upon which relief may be granted and for lack of jurisdiction over the subject matter. On February 18, 1972, oral argument was presented by counsel.

The plaintiff herein, Jesse Fowler, instituted this action praying that North Carolina...

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