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UZZELL v. FRIDAY

No. 75-2276.

558 F.2d 727 (1977)

Lawrence A. UZZELL and Robert Lane Arrington, Individually, and upon behalf of all others similarly situated, Appellants, v. William C. FRIDAY, Individually, and as President of the University of North Carolina, Ferebee Taylor, Individually and as Chancellor, Claiborne Jones, Individually and as Vice-Chancellor, Marcus Williams, President of Student Body, Timothy Dugan, Individually and Treasurer, etc., Board of Trustees of the University of North Carolina at Chapel Hill, and Board of Governors of the University of North Carolina, and Algenon L. Marbley, Chairman of the Black Student Movement, and Robert L. Wynn, II, Vice-Chairman of Black Student Movement, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1977.

Attorney(s) appearing for the Case

Hugh J. Beard, Jr., Charlotte, N.C., for appellants.

Andrew A. Vanore, Jr., Senior Deputy Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen., North Carolina, Raleigh, N.C., on brief), for appellees.

Karen Bethea Galloway, James V. Rowan, Paul, Rowan & Galloway, Durham, N.C., on brief for defendant-intervenors.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, BUTZNER, RUSSELL, WIDENER and HALL, Circuit Judges.

OPINION ON REHEARING IN BANC

ALBERT V. BRYAN, Senior Circuit Judge:

Upon rehearing in banc, the opinion heretofore filed in this appeal, 547 F.2d 801 (4 Cir.1977), is confirmed with two additions:

(1) A statement will be included in Section II of the opinion, as it appeared in the first order denying a panel rehearing, viz, that after the decision of the District Court but before this appeal came on for argument...

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