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RUCKER v. WILLIS

Civ. No. 975.

358 F.Supp. 425 (1973)

Walker F. RUCKER et al., Plaintiffs, v. Edward E. WILLIS et al.

United States District Court, E. D. North Carolina, New Bern Division.

May 4, 1973.

Attorney(s) appearing for the Case

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

Thomas P. McNamara, U. S. Atty., by John E. Lansche, Asst. U. S. Atty., Chief, Land & Natural Resources Section, Raleigh, N. C., Henry C. Boshamer, McNeill, Boshamer & Graham, Morehead City, N. C., John R. Hughes, Anderson & Hughes, Shallotte, N. C., for defendants.

MEMORANDUM OPINION AND ORDER

LARKINS, District Judge:

This cause is now before this Court on a Motion for Temporary Restraining Order and Preliminary Injunction by the plaintiffs. Plaintiffs seek to bring a class action, "on their own behalf and on behalf of all others similarly situated," pursuant to Rule 23 of the Federal Rules of Civil Procedure, to enjoin the defendants from constructing a proposed marina and piers on Bogue Bank in Carteret County, North...

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