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HOLSHOUSER v. SCOTT

Civ. A. No. C-24-G-70.

335 F.Supp. 928 (1971)

James E. HOLSHOUSER, Jr., Plaintiff, v. Robert W. SCOTT, Governor of the State of North Carolina, et al., Defendants.

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

Decided December 29, 1971.

Attorney(s) appearing for the Case

Charles E. Dameron, Greensboro, N. C., for plaintiff.

Robert Morgan, North Carolina, Atty. Gen., James F. Bullock, North Carolina Deputy Atty. Gen., James L. Blackburn, Raleigh, N. C., Staff Atty., for defendants, Robert W. Scott, Governor of the State of North Carolina, Thad Eure, Secretary of State of North Carolina, Robert Morgan, Atty. Gen. of the State of North Carolina, Brian Scott, Ernest J. House, L. H. Jones, Hiram H. Ward and Jerry S. Alvis, Members of the State Board of Elections of the State of North Carolina.

Z. H. Howerton, Jr., and Ralph A. Walker, Greensboro, N. C., for defendants, Z. H. Howerton, Jr., C. Clifford Frazier, Jr., and Perry S. Keziah, Members of the County Board of Elections of Guilford County, North Carolina.

Welch Jordan and William L. Stocks, Greensboro, N. C., for defendant, Joseph P. Shore, Clerk of Superior Court of Guilford County, North Carolina.

Before CRAVEN, Circuit Judge, and GORDON and JONES, District Judges.

WOODROW WILSON JONES, Chief District Judge.

Plaintiff seeks injunctive and declaratory relief against the defendants under the provisions of 42 U.S.C.A. §§ 1983 and 1988; and 28 U.S.C.A. §§ 1343(4) and 2201, contending that the manner of the election of regular Superior Court Judges in North Carolina denies him the equal protection of the laws as guaranteed by the 14th Amendment to the Constitution...

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