ATKINS v. SCOTT

No. 77-2304.

597 F.2d 872 (1979)

J. Alston ATKINS, Luther James Manning, b/n/f Linda P. Manning, Jr., Marguerite Miller, b/n/f for Carroll Miller, Appellants, v. Robert W. SCOTT, Governor of North Carolina, Ex Officio Director of the Budget of North Carolina, and Ex Officio Chairman of the North Carolina Board of Higher Education, and His Successor in Office, Advisory Budget Commission of North Carolina, North Carolina Board of Higher Education, State Board of Education of North Carolina, University of North Carolina, Appalachian State University, East Carolina University, Elizabeth City State University, Fayetteville State University, N. C. Agricultural & Technical State University, N. C. Central University, Pembroke State University, North Carolina School of the Arts, Western Carolina University, Winston-Salem State University, and the Board of Governors of the University of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1979.


Attorney(s) appearing for the Case

J. David James, Greensboro, N. C. (Johnathan R. Harkavy, Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N. C., J. Alston Atkins, Winston-Salem, N. C., on brief), for appellants.

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

Before BRYAN, Senior Circuit Judge, WINTER and WIDENER, Circuit Judges.


WIDENER, Circuit Judge:

This is an appeal by J. Alston Atkins, pro se plaintiff-appellant, and Luther James Manning and North Carolina Alumni and Friends Coalition, et al, intervening plaintiffs-appellants (appellants), from a decision of the district court refusing to issue a preliminary injunction pursuant to FRCP 65(a). We have jurisdiction to entertain such appeal pursuant to 28 U.S.C. § 1292(a)(1), and affirm the district court's refusal to issue a preliminary...

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