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ANDREWS v. CODY

No. C-92-D-71.

327 F.Supp. 793 (1971)

Thomas J. ANDREWS and Sally S. Andrews, Plaintiffs, v. Carolina B. CODY, as she is Elections Commissioner for Chapel Hill and Bingham Townships, Orange County, North Carolina, et al., Defendants.

United States District Court, M. D. North Carolina, Durham Division.

Decided June 16, 1971.

Attorney(s) appearing for the Case

Thomas J. Andrews and Sally S. Andrews, pro se.

Lucius M. Cheshire, of Graham & Cheshire, Hillsborough, N. C., for defendants.

Robert B. Morgan, Atty. Gen. of N. C., Ralph Moody, Deputy Atty. Gen., and James L. Blackburn, Staff Atty., Raleigh, N. C., amicus curiae for the State of N. C.

Before CRAVEN, Circuit Judge, STANLEY, Chief District Judge, and GORDON, District Judge.

OPINION OF THE COURT

GORDON, District Judge.

This is yet another in the increasing number of Three-Judge Court decisions dealing with the question of the constitutionality of durational residency requirements as they relate to voting in state elections. The case has been submitted to the Court on stipulated facts and oral argument was held on June 1, 1971. The State of North Carolina was permitted to file briefs and present oral argument as amicus curiae...

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