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PONDER v. JOSLIN

No. 314.

138 S.E.2d 143 (1964)

262 N.C. 496

Zeno H. PONDER v. William JOSLIN, Chairman of, Warren R. Williams, Joseph E. Zaytoun, Hiram Ward and C. Bruce Hawkins, Members of the North Carolina State Board of Elections.

Supreme Court of North Carolina.

September 30, 1964.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Ralph Moody and Staff Atty. Harold L. Waters, Raleigh, for State Board of Elections.

William J. Cocke, Asheville, and A. E. Leake, Marshall, for plaintiff.

DENNY, Chief Justice.

The plaintiff's first assignment of error challenges the correctness of the order entered by Huskins, J., on 8 August 1964, directing the defendants "to consider the evidence taken by said State Board of Elections during its investigations conducted in Madison County since 11 June 1964 * * *."

The plaintiff's second assignment of error challenges the order on the ground that, in effect, it presupposes the authority of the State Board...

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