HALL v. THORNTON

No. 15162.

445 F.2d 834 (1971)

William C. HALL, on behalf of himself and all others similarly situated, Appellant, v. O. Frank THORNTON, Secretary of State for the State of South Carolina, Appellee.

United States Court of Appeals, Fourth Circuit.

July 12, 1971.


Attorney(s) appearing for the Case

William L. Runyon, Jr., Charleston, S. C., on the brief for appellant.

C. Tolbert Goolsby, Jr., Columbia, S. C., on the brief for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.


PER CURIAM.

The plaintiffs seek to restrain enforcement of Article 8, § 2 of the South Carolina Constitution, which conditions the incorporation of a previously unincorporated area on the affirmative vote of a majority of persons eligible to vote. Incorporation of a proposed city had been approved by a majority of those voting but not by a majority of those eligible to vote.

The district court declined to request the convening of a three judge court and...

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