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NESTLER v. BOARD OF LAW EXAMINERS OF STATE OF N.C.

No. 79-1002.

611 F.2d 1380 (1980)

Lawrence NESTLER and Marshall Allen Mason, III, on behalf of themselves and all others similarly situated, Appellants, v. The BOARD OF LAW EXAMINERS OF the STATE OF NORTH CAROLINA and James B. Swails, Fred P. Parker, III, Horace E. Stacy, Jr., Robert C. Howison, Jr., W. H. McElwee, George H. McNeill, Francis I. Parker, Eric C. Michaux, Charles G. Buck and William L. Mills, as members of the aforesaid Board of Law Examiners, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 11, 1980.

Attorney(s) appearing for the Case

Charles A. Bentley, Jr., Durham, N.C. (North Central Legal Assistance Program; James J. Johnston, Edwards & Johnston, Durham, N.C., on brief), for appellants.

Frank P. Ward, Jr., Robert A. Valois, Raleigh, N.C. (Armistead J. Maupin, Maupin, Taylor & Ellis, P. A., Raleigh, N.C., on brief), for appellees.

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

HAYNSWORTH, Chief Judge:

Plaintiffs filed this action under 42 U.S.C. § 1983 seeking injunctive relief and a declaration that certain North Carolina rules regarding admission to the practice of law were unconstitutional. Later, they sought leave to amend their complaint to add a claim for damages. The district court denied leave to amend, and subsequently dismissed the action as moot, since, in the interim, plaintiffs had been admitted to the North Carolina bar...

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