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BERRY v. BOURNE

No. 78-1497.

588 F.2d 422 (1978)

Robert D. BERRY, Appellant, v. John E. BOURNE, Mayor of the City of North Charleston, Pete B. Adams, James V. Edwards, Oatman C. Gerald, Robert A. Ankersen, Jr., Patsy W. Hughes and R. E. Zipperer, members of the city council of the City of North Charleston, City of North Charleston and James E. Gonzales, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 5, 1978.

Attorney(s) appearing for the Case

David G. Jennings, Charleston Heights, S. C. (Goodstein & Jennings, P. A., Charleston Heights, S. C., on brief), for appellant.

James E. Gonzales, City Atty., North Charleston, S. C., for appellees.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

The plaintiff/appellant sought an injunction against the annexation of a contiguous area by the defendant/appellee City of North Charleston. It is the contention of the plaintiff, a resident and registered elector of the area to be annexed, that the statutory authority for the proposed annexation violates the equal protection clause of the Fourteenth Amendment. He asserts federal jurisdiction under §§ 1331, 1343(3) and 1343...

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