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GRIMES v. MILLER

No. C-76-220-S.

429 F.Supp. 1350 (1977)

Thomas L. GRIMES, on his own behalf and on behalf of all others similarly situated, Plaintiff, v. Patricia L. MILLER, Individually and on behalf of herself and all others similarly situated, et al., Defendants.

United States District Court, M. D. North Carolina, Salisbury Division.

Decided April 12, 1977.

Attorney(s) appearing for the Case

Wilson O. Weldon, Jr., Lambeth, McMillan & Weldon, Thomasville, N.C., and Barry Nakell, Chapel Hill, N.C., for plaintiff.

Rufus L. Edmisten, Atty. Gen., and Norma S. Harrell, Associate Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., for defendants.

Before CRAVEN, Circuit Judge, GORDON, Chief District Judge, and WARD, District Judge.

MEMORANDUM OF DECISION

CRAVEN, Circuit Judge:

This is a suit brought before a duly constituted three-judge court in which the plaintiff seeks to prosecute both a personal and class action for the purpose of declaring N.C.Gen.Stat. §§ 1-311 and 1-410 to be unconstitutional, to enjoin enforcement of the statutes, and to have and recover from the defendant Miller the sum of $100.

I.

We find the essential facts to be as follows:<...

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