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THOMPSON v. WHITLEY

Civ. No. 1542.

344 F.Supp. 480 (1972)

John THOMPSON et al., Plaintiffs, v. Horace WHITLEY, Mayor of the Town of Whiteville, et al., Defendants. State of North Carolina, Amicus Curiae.

United States District Court, E. D. North Carolina, Wilmington Division.

Decided June 5, 1972.

Attorney(s) appearing for the Case

Sherman T. Rock, Morehead City, N. C., for plaintiffs.

Edward L. Williamson, Williamson & Walton, Whiteville, N. C., for defendants.

Robert Morgan, Atty. Gen., James F. Bullock, Deputy Atty. Gen., Ann Reed, Associate Atty., North Carolina Dept. of Justice, Raleigh, N. C., for amicus curiae.

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

CRAVEN, Circuit Judge:

Plaintiffs are residents of an area annexed by the Town of Whiteville, Columbus County, North Carolina, pursuant to a North Carolina statutory procedure by which adjacent areas may be annexed to municipalities of less than 5,000 population. N.C.G.S. §§ 160-453.1 to 453.10. This procedure does not allow residents of an area proposed to be annexed to vote on the annexation. N.C.G.S. §...

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