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GILLIARD v. KIRK

Civ. A. No. 2660.

614 F.Supp. 1203 (1985)

Beaty Mae GILLIARD, et al., Plaintiffs, v. Phillip J. KIRK, et al., Defendants.

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

August 9, 1985.

Attorney(s) appearing for the Case

Shelley Blum, Donald A. Gillespie, Jr., Marvin B. House and James A. Long, IV, Legal Aid Soc. of Mecklenburg County, Charlotte, N.C., Jane R. Wettach, East Cent. Community Legal Services, Raleigh, N.C., Lucie E. White, Jean M. Cary, Civil Legal Assistance Clinic, UNC School of Law, Chapel Hill, N.C., for plaintiffs.

James O. Cobb, Ruff, Perry, Bond, Cobb & Wade, Charlotte, N.C., for defendants Kuralt and Mecklenburg County Dept. of Social Services.

L.P. Covington, Staff Atty., and Steven Shaber, North Carolina Dept. of Justice, Raleigh, N.C., for all other defendants.

ORDER

McMILLAN, District Judge.

Defendants have filed a motion for a three-judge court, pursuant to 28 U.S.C. § 2281, repealed in 1976, to hear the merits of plaintiffs' motion for further relief and defendants' motion for relief from judgment. At the time this case was heard and judgment was entered in 1971, 28 U.S.C. § 2281 provided:

An interlocutory or permanent injunction restraining the enforcement, operation or

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