ANDERSON v. BABB

No. 80-1590.

632 F.2d 300 (1980)

John B. ANDERSON, Independents for Anderson Party of North Carolina, Phillip A. Diehl, Gerald Eisenstat, Appellees, v. R. Kenneth BABB, Sidney Barnwell, Shirley M. Herring, Ruth T. Samashko, John L. Stickley, Alex K. Brock, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1980.


Attorney(s) appearing for the Case

Walter E. Dellinger, School of Law, Duke University, Durham, N. C. (James Wallace, Jr., Deputy Atty. Gen. for Legal Affairs, North Carolina Dept. of Justice, Raleigh, N. C., on brief), for appellants.

Herbert L. Hyde, Asheville, N. C., David F. Kirby, Kirby & Wallace, Ronald D. Eastman, Cadwalader, Wickersham & Taft, Washington, D. C., on brief, for intervenors.

George T. Frampton, Jr., Washington, D. C. (Mitchell Rogovin, Vicki C. Jackson, Ellen M. Semonoff, Rogovin, Stern & Huge, Washington, D. C., Jonathan Harkavy, Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, WINTER and PHILLIPS, Circuit Judges.


PER CURIAM:

On this appeal the Democratic National Committee (DNC) as an intervening defendant1 challenges the district court's determination that the plaintiff John B. Anderson (Anderson) "did not participate in the presidential primary election in North Carolina" within the meaning of N.C.Gen.Stat. § 163-213.6, and that he is, therefore, entitled to have his name placed on the November 4, 1980 general election ballot as the presidential...

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