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LOCKLEAR v. NORTH CAROLINA STATE BOARD OF ELECTIONS

Civ. No. 1052.

379 F.Supp. 2 (1974)

Janie Maynor LOCKLEAR et al., Plaintiffs, v. NORTH CAROLINA STATE BOARD OF ELECTIONS et al., Defendants.

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

June 20, 1974.

Attorney(s) appearing for the Case

Norman Smith, N. C. Civil Liberties Union, Greensboro N. C., Adam Stein, Chambers, Stein, Ferguson & Lanning, Chapel Hill, N. C., Shelley Blum, Legal Aid Society of Mecklenburg County, Charlotte, N. C., Barry Nakell, Chapel Hill, N. C., Indian Legal Services, Calais, Me., for plaintiffs.

James Wallace, Jr., Howard A. Kramer, Raleigh, N. C., W. Earl Britt, Ellis E. Page, Lumberton, N. C., for defendants.

MEMORANDUM DECISION

BUTLER, Chief Judge.

This is an action for declaratory and injunctive relief. The plaintiffs seek a declaratory judgment declaring North Carolina Gen.Stat. § 115-18 unconstitutional as it applies to the election of members of the Robeson County Board of Education. The plaintiffs allege in effect that N.C.G.S. § 115-18, as modified by local acts applicable to Robeson County, permits...

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