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CAVANAGH v. BROCK

No. 82-545-CIV-5.

577 F.Supp. 176 (1983)

John J. CAVANAGH, et al., Plaintiffs, v. Alex K. BROCK, et al., Defendants.

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

September 22, 1983.

Attorney(s) appearing for the Case

Hamilton C. Horton, Jr., Winston-Salem, N.C. (Horton, Hendrick & Cummer, Winston-Salem, N.C., on brief), for plaintiffs.

Leslie J. Winner, Charlotte, N.C. (Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P.A., Charlotte, N.C., on brief), for defendants-intervenors.

James Wallace, Jr., Kathleen Heenan, Jerris Leonard, Washington, D.C. (Jerris Leonard & Associates, Washington, D.C., on brief), for defendants.

Before PHILLIPS, Circuit Judge, DUPREE and BRITT, District Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

This action, commenced in state court and then removed to this court under 28 U.S.C. § 1443(2), challenges the failure of the North Carolina General Assembly to adhere to express provisions of the North Carolina Constitution in adopting its most recent state legislative apportionment plan. Plaintiffs contend the North Carolina Constitution prohibits the General Assembly from splitting counties in apportioning state Senate...

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