DRUM v. SEAWELL

No. C-168-WS-65.

271 F.Supp. 193 (1967)

Renn DRUM, Jr., on Behalf of Himself and All Others 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, and D. S. Swain, Jr., Plaintiff-Intervenor.

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

July 27, 1967.


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.

John A. Wilkinson and James R. Vosburgh, Washington, N. C., for plaintiff-intervenor.

Before CRAVEN, Circuit Judge, and STANLEY and BUTLER, District Judges.


EDWIN M. STANLEY, District Judge.

When this matter was first before the Court,1 an interlocutory order was entered holding that the apportionment of the State for the election of members of the State Legislature and Representatives to the Congress of the United States was unconstitutionally discriminatory, and further elections were enjoined. However, the Court's mandate was stayed in order to give the State an opportunity to act.

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