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HAITH v. MARTIN

No. 84-1319-CIV-5.

618 F.Supp. 410 (1985)

Terry L. HAITH, Plaintiff, v. James G. MARTIN, in his capacity as the Governor of the State of North Carolina; Lacy H. Thornburg, in his capacity as the Attorney General of the State of North Carolina; Thad Eure, in his capacity as Secretary of State of North Carolina; the State Board of Elections of North Carolina; Robert N. Hunter, in his official capacity as Chairman of the State Board of Elections; Ruth Semashko, Robert F. Browning, William A. Marsh, Jr. and Margaret King, in their official capacities as members of the State Board of Elections, Defendants.

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

September 27, 1985.

Attorney(s) appearing for the Case

Allen Foster, Foster, Conner & Robson P.A., Greensboro, N.C., for plaintiff.

James Wallace, Jr., Deputy Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., for defendants.

Before PHILLIPS, Circuit Judge, BRITT, Chief Judge, and DUPREE, Senior District Judge.

MEMORANDUM OPINION

BRITT, Chief Judge:

This action was instituted under the Voting Rights Act of 1965, 42 U.S.C. § 1973, (the Act) seeking to enjoin the election of superior court judges in North Carolina in accordance with acts of the General Assembly which have not been precleared as required by section 5 of the Act. 42 U.S.C. § 1973c. As required by 28 U.S.C. § 2284 Chief Judge Winter designated a three-judge panel to hear and determine...

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