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McDOWELL v. EDMISTEN

No. 81-63-CIV-4.

523 F.Supp. 416 (1981)

Donald W. McDOWELL, Rebecca B. McDowell, Frank McLeod, Phillip Hartley, Plaintiffs, v. Rufus L. EDMISTEN, Attorney General for the State of North Carolina, Natalie J. Sugg, Jean H. Nelson, Paul W. Harrison, Defendants.

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

September 30, 1981.

Attorney(s) appearing for the Case

Henry W. Jones, Jr., Law Offices of John R. Jordan, Jr., Raleigh, N. C., for plaintiffs.

James Wallace, Jr., Deputy Atty. Gen. for Legal Affairs, N. C. Dept. of Justice, Raleigh, N. C., for defendant Rufus L. Edmisten.

Fred M. Carmichael of Sumrell, Sugg & Carmichael, New Bern, N. C., for defendant Craven County Bd. of Elections.

A. D. Ward of Ward, Ward, Willey & Ward, New Bern, N. C., for City of New Bern.

LARKINS, Senior District Judge:

THIS MATTER comes before this Court on plaintiffs' application for a Temporary Restraining Order and Temporary Injunction to stay the city elections to be held in New Bern, North Carolina on October 6, 1981. On September 23, 1981, this Court granted plaintiffs' request for a Temporary Restraining Order effective only until a hearing could be held to determine the merits of plaintiffs' claim for a temporary injunction. A hearing was...

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