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CHAVIS v. STATE OF NORTH CAROLINA

No. 80-6084.

637 F.2d 213 (1980)

Benjamin F. CHAVIS; Connie Tindall; Willie Earl Vereen; Marvin Patrick; Anne Sheppard Turner; Joe Wright; Wayne Moore; Reginald Epps; Jerry Jacobs; and James McKoy, Appellants, v. STATE OF NORTH CAROLINA; Frances N. Futch; Kitchen S. Powers; Sam P. Garrison; Louis Powell, Superintendent of N. C. Correction Center for Women; Amos E. Reed; and J. C. Harris, Superintendent, McCain Correctional Unit, Appellees, 55 Members of Congress listed on Amici Curiae Motion, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 1980.

Attorney(s) appearing for the Case

James E. Ferguson, II, Charlotte, N. C. (James C. Fuller, Jr., Chambers, Stein, Ferguson & Becton, P. A., Charlotte, N. C., John T. Redmond, Redmond & Pollio, Garden City, N. Y., on brief) for appellants.

Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, Raleigh, N. C., on brief) for appellees.

David Bonderman, Washington, D. C. (Walter J. Rockler, Richard H. Gordin, Charles H. Cochran, Arnold & Porter, Washington, D. C., on brief) for amici curiae.

Before WINTER, BUTZNER and SPROUSE, Circuit Judges.

WINTER, Circuit Judge:

Mike's Grocery Store in Wilmington, North Carolina, was firebombed and burned on February 6, 1971, and the perpetrators of that crime, using various weapons, fired upon the firemen and policemen attempting to extinguish the fire. Benjamin F. Chavis and his nine co-petitioners were variously convicted in the Superior Court of Pender County, North Carolina, of felonious burning of that property and conspiracy to assault emergency personnel at...

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