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CANNON v. DURHAM COUNTY BD. OF ELECTIONS

No. 5:96-CV-115-BR(3).

959 F.Supp. 289 (1997)

Hazard CANNON, Norman Phillips, and Dan Sizemore, Plaintiffs, v. DURHAM COUNTY BOARD OF ELECTIONS, an official agency of the State of North Carolina; and the Durham County Board of Commissioners, Defendants. and Durham Committee on the Affairs of Black People, et al., Defendant-Intervenors.

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

March 6, 1997.

Attorney(s) appearing for the Case

John C. Randall, Randall, Jervis & Hill, Durham, NC, for Plaintiff.

Thomas A. Farr, Maupin, Taylor, Ellis & Adams, Raleigh, NC, S.C. Kitchen, Durham, NC, Lowell L. Siler, Durham, NC, for Durham County Bd. of Elections, Durham County Bd. of Com'rs.

Irving L. Joyner, Durham, NC, for Durham Committee on the Affairs of Black People, Durham Branch of NAACP, Beverly Jones, Dr. William Bell, Mozell Robinson, Deborah Giles, John Jolly, Deborah Jolly, Harris C. Johnson, Sr., Ellen Mays, Clarence R. Jones.

Adam Stein, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, Chapel Hill, NC, for Jennifer McGovern, Steve Unruhe, Dabney Hopkins, Patricia N. Page, Page, McCullough, David Austin, Leigh Bordley, Margaret McReary.

ORDER

BRITT, District Judge.

This matter is before the court on motions for summary judgment by defendants and defendant-intervenors.1

I. Background

As recited in the preliminary injunction order dated 1 April 1996, the relevant facts are as follows.

Pursuant to North Carolina General Statutes section 115C-68.1, the Board of Commissioners for the County of Durham prepared, adopted, and submitted...

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