N. C. ASS'N BLACK LAWYERS v. N. C. BD. OF EXAM.

No. 75-1257.

538 F.2d 547 (1976)

NORTH CAROLINA ASSOCIATION OF BLACK LAWYERS et al. (NORTH CAROLINA CENTRAL UNIVERSITY), Appellant, v. NORTH CAROLINA BOARD OF LAW EXAMINERS et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 17, 1976.


Attorney(s) appearing for the Case

C. C. Malone, Jr., W. G. Pearson, II, Durham, N. C. (Pearson, Malone, Johnson, Dejarmon & Spaulding, Durham, N. C., on brief), for appellant.

Howard E. Manning, Jr., Howard E. Manning, Sr., Raleigh, N. C. (Manning, Fulton & Skinner, Raleigh, N. C., on brief), for appellee.

Before BOREMAN and BRYAN, Senior Circuit Judges, and FIELD, Circuit Judge.


ALBERT V. BRYAN, Senior Circuit Judge:

Movants were refused a protective order under F.R.Civ.P. 26(c) and 45(b) and (d), forbidding the further discovery of them by the North Carolina State Board of Law Examiners through interrogatories, depositions and subpoenas duces tecum. This appeal follows. We hold the order not appealable.

The underlying action was maintained against the Examiners by the North Carolina Association of Black Lawyers joined by 29 black...

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