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BALDWIN v. CITY OF WINSTON-SALEM

No. C-81-838-WS.

544 F.Supp. 123 (1982)

Floyd C. and Ruby S. BALDWIN, William Edward Kirby, Jr. and Brenda Head Kirby, Richard B. and Frances S. Charles, Plaintiffs, and Raymond and Dorothy Wigley, Intervenors, v. CITY OF WINSTON-SALEM, Mayor Wayne A. Corpening, Vivian H. Burke, Marilyn S. Harpe, Larry D. Little, Virginia K. Newell, Robert S. Northington, Jr., Ernestine Wilson, Larry W. Womble and Martha S. Wood, Defendants.

United States District Court, M. D. North Carolina, Winston-Salem Division.

July 28, 1982.

Attorney(s) appearing for the Case

Rosbon D. B. Whedbee, Winston-Salem, N. C., James Hamilton, Robert L. Deitz and Susan Cobb of Ginsburg, Feldman, Weil & Bress, Washington, D. C., for plaintiffs.

Roddey M. Ligon, Jr. of Womble, Carlyle, Sandridge & Rice, and Ronald G. Seeber, City Atty., and Ralph D. Karpinos, Asst. City Atty., Winston-Salem, N. C., for defendants.

MEMORANDUM OPINION AND ORDER

HIRAM H. WARD, Chief Judge.

The Complaint (December 16, 1981) alleged a fourteenth amendment attack on the North Carolina annexation statutes, N.C.Gen.Stat. §§ 160A-45 et seq., and the annexation by the City of Winston-Salem of the plaintiffs' property. No one disputes that in annexing the plaintiffs' property the City accurately followed the procedure set forth in the statutes and that the annexation was completed...

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