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DRUM v. SEAWELL

No. C-168-WS-65.

250 F.Supp. 922 (1966)

Renn DRUM, Jr., on Behalf of Himself et al. Similarly Situated, Plaintiff, v. Malcolm B. SEAWELL, Chairman of the North Carolina State Board of Elections, John G. Clark, Mrs. Robert W. Proctor, Hiram H. Ward, and Paul Osborne, Members of the North Carolina State Board of Elections, Defendants.

United States District Court M. D. North Carolina, Winston-Salem Division.

February 18, 1966.

Attorney(s) appearing for the Case

G. Ray Motsinger, Winston-Salem, N. C., for plaintiff.

T. Wade Bruton, Atty. Gen. of North Carolina, James F. Bullock, Asst. Atty. Gen., Raleigh, N. C., and H. S. Merrell and Thomas L. Young, Rocky Mount, N. C., for defendants.

R. Mayne Albright, Raleigh, N. C., Charles F. Lambeth, Jr., Thomasville, N. C., James Mattocks, High Point, N. C., McNeill Smith, Greensboro, N. C., Ralph M. Stockton, Jr., Winston-Salem, N. C., William L. Thorp, Jr., Rocky Mount, N. C., and Joseph W. Grier, Jr., Charlotte, N. C., for North Carolina Chapter American Civil Liberties Union, amicus curiae.

Before J. SPENCER BELL, Circuit Judge, and STANLEY and BUTLER, District Judges.

J. SPENCER BELL, Circuit Judge:

On November 30, 1965, this court entered an interlocutory Order holding that the apportionment of the State for the election of members of the State Legislature and representatives to the Congress was unconstitutionally discriminatory and therefore void. Further elections were enjoined, but the court's mandate was stayed in order that the State might act.

Subsequent to the date of the court's order, the General Assembly of North...

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