CHERRY v. COUNTY OF NEW HANOVER

No. 73-1633.

489 F.2d 273 (1973)

Charles CHERRY and Chester Reddrick, Appellants, v. COUNTY OF NEW HANOVER et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 19, 1973.


Attorney(s) appearing for the Case

Frank Cherry, Greensboro, N. C., for appellants.

David A. Nash, Charlotte, N. C. (William L. Hill, II, and Hogue, Hill & Jones, Wilmington, N. C., on Brief) for appellee New Hanover County Bd. of Ed.

Lionel L. Yow, Wilmington, N. C. (Cicero P. Yow and Yow & Yow, Wilmington, N. C., on Brief) for appellee City of Wilmington.

James C. Fox, Wilmington, N. C. (Murchison, Fox & Newton, Wilmington, N. C., on Brief) for appellee New Hanover County.

Before CLARK, Associate Justice, Supreme Court, Retired, and CRAVEN and WIDENER, Circuit Judges.


PER CURIAM.

Plaintiffs brought this action in district court challenging the staggered-term voting system1 used to elect members of the City Council, County Board of Commissioners, and the Board of Education. In their complaint below appellants urged that such a system violated their "constitutional right to elect members of their race to public office" under the fourteenth and fifteenth amendments because it was one method by which appellees...

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