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NORTH CAROLINA CIVIL LIBERTIES UNION v. CONSTANGY

No. C-C-89-438-M.

751 F.Supp. 552 (1990)

NORTH CAROLINA CIVIL LIBERTIES UNION, et al., Plaintiffs, v. Honorable H. William CONSTANGY, Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

October 18, 1990.

Attorney(s) appearing for the Case

George Daly, Charles E. Johnson, Moore & Van Allen, Charlotte, N.C., Norman B. Smith, Smith, Patterson, Follin, Curtis James & Harkey, Greensboro, N.C., William Simpson Legal Director, Raleigh, N.C., James F. Wyatt, III, Charlotte, N.C., for plaintiffs.

Norma S. Harrell, N.C. Dept. of Justice, Raleigh, N.C., John W. Whitehead, Charlottesville, Va., Larry L. Crain, Brentwood, Tenn., James T. Williams, Jr., Robert A. Singer, Jim W. Phillips, Jr., Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N.C., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

McMILLAN, District Judge.

FACTS

The undisputed facts of this case are as follows:

The defendant, the Honorable H. William Constangy, has been a duly appointed Judge of the District Court of the Twenty-Sixth Judicial District of North Carolina since March 3, 1989. His salary is paid by the State of North Carolina.

Judge Constangy holds court regularly during approximately 45 weeks per year...

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