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WEST v. MOORE

Civ. A. No. 2705.

305 F.Supp. 683 (1969)

Howard WEST and Idris Adams, Citizens, Residents and Qualified Voters of the Second County Commissioner District, Cherokee County, North Carolina, on behalf of themselves and all others similarly situated, Plaintiffs, v. W. T. MOORE, Chairman, and Ray C. Sims, Andrew J. Barton, Carlyle Matheson, Jack Simonds and Luther Dockery, constituting the Board of County Commissioners of the County of Cherokee, North Carolina; Homer H. Davidson, Chairman, Cleve Almond and Charles White, constituting the Board of Elections of the County of Cherokee, North Carolina, Defendants.

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

March 4, 1969.

Attorney(s) appearing for the Case

C. E. Hyde, Murphy, N. C., for plaintiffs.

L. L. Mason, Jr., Murphy, N. C., for defendants.

MEMORANDUM OF DECISION

WOODROW WILSON JONES, Chief Judge.

This is a class action instituted by citizens, residents, and voters of the Second County Commissioner District of Cherokee County, North Carolina, for themselves and all others similarly situated, under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and under the Civil Rights Act, 42 U.S.C.A. §§ 1983 and 1988, and under Title 28 U.S.

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