REPUBLICAN PARTY OF NORTH CAROLINA; Bruce Briggs; William R. Sigmon; Marvin K. Gray; R. Howard Riddle; Lloyd Fowler; Joe R. Wilson; R. Walter White; Edgar A. Readling, Jr.; Frederic M. Gallagher; Ralph A. Walker, Plaintiffs-Appellants,
v.
James G. MARTIN, Governor of North Carolina; North Carolina State Board of Elections; Robert N. Hunter, Jr., Chairman of North Carolina State Board of Elections; Thomas A. Farr; William A. Marsh, Jr.; Ruth Turner Semashko; June K. Youngblood; The North Carolina Association of Black Lawyers, Defendants-Appellees, and
Durham County Board of Elections; Forsyth County Board of Elections; Guilford County Board of Elections, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 6, 1992.
Decided November 24, 1992.
As Amended January 5, 1993.
Attorney(s) appearing for the Case
C. Allen Foster, Patton, Boggs & Blow, Greensboro, N.C., argued (Robert N. Hunter, Jr., Marshall R. Hurley, on brief), for plaintiffs-appellants.
H. Jefferson Powell, Special Counsel to the Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., argued (Lacy H. Thornburg, Atty. Gen., Edwin M. Speas, Jr., Sr. Deputy Atty. Gen., Tiare B. Smiley, Special Deputy Atty. Gen., North Carolina Department of Justice, Raleigh, N.C., James E. Ferguson, II, Leslie J. Winner, Ferguson, Stein, Watt, Wallas, Adkins & Gresham, P.A., Charlotte, N.C., Arch T. Allen, II, Moore & Van Allen, Raleigh, N.C., on brief), for defendants-appellees.
Before RUSSELL and WILKINS, Circuit Judges, and WILLIAMS, Senior United States District Judge for the Western District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
WILKINS, Circuit Judge:
The Republican Party of North Carolina (RPNC)1 appeals an order of the district court dismissing its suit against the North Carolina State Board of Elections (NCSBE)2 on the ground that RPNC's complaint presents a nonjusticiable political question. In its complaint brought under 42 U.S.C.A. §§ 1981, 1983 (West 1981...
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