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UNITED STATES v. STATE OF NORTH CAROLINA

Civ. No. 4476.

425 F.Supp. 789 (1977)

UNITED STATES of America, Plaintiff, and North Carolina Association of Educators, Inc., et al., Plaintiff-Intervenors, v. STATE OF NORTH CAROLINA, et al., Defendants.

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

January 27, 1977.

Attorney(s) appearing for the Case

Thomas M. Keeling, Bruce L. Downey, Nathaniel Douglas, Attys. United States Department of Justice, Washington, D. C., for plaintiff.

Stephen J. Pollak, Shea & Gardner, Washington, D. C., Adam Stein, Chambers, Stein, Ferguson & Becton, Chapel Hill, N. C., for plaintiff-intervenors.

Andrew A. Vanore, Jr., Senior Deputy Atty. Gen., Edwin M. Speas, Jr., Special Deputy Atty. Gen., Elizabeth C. Bunting, Associate Atty. North Carolina Dept. of Justice, Raleigh, N. C., for defendants.

Before HAYNSWORTH, Chief Judge, and CRAVEN, Circuit Judge and DUPREE, District Judge.

MEMORANDUM OF DECISION and ORDER

DUPREE, District Judge.

This action comes before the court on two motions of defendants for relief from judgment. For the reasons set out below, the court deems it proper to grant the relief requested and its prior memorandum and judgment1 will be vacated.

BACKGROUND

This action was brought initially in October of 1973 by the Attorney General of the United States as a "pattern...

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