O'BRIEN v. TILSON

Civ. A. No. 79-463-CIV-5.

523 F.Supp. 494 (1981)

Colleen Ann Domitilla O'BRIEN, et al., Plaintiffs, v. Dr. Hugh H. TILSON, etc., et al., Defendants.

United States District Court, E. D. North Carolina, Raleigh Division.

October 2, 1981.


Attorney(s) appearing for the Case

Sharon A. Thompson, Thompson & McAllaster, Raleigh, N.C., for plaintiffs, Norman B. Smith, N.C. Civil Liberties Union, Greensboro, N.C., of counsel.

Robert R. Reilly, Asst. Atty. Gen., Sarah Young, Associate Atty. Gen., Raleigh, N.C., for defendants.


MEMORANDUM

MERHIGE, District Judge, sitting by designation.

Plaintiffs, three married couples and an infant child of each, bring this action against Dr. Hugh Tilson, Registrar of Vital Statistics for the State of North Carolina, and other officials of the State of North Carolina, challenging the constitutionality of North Carolina General Statute § 130-50(e), which requires that children born of married parents be given their father's surname.

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