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MOORE v. SWINSON

No. 812SC1055.

294 S.E.2d 381 (1982)

Shelton MOORE, and wife, Marilyn Moore, Charles R. Craddock and wife, Althea W. Craddock, Charles C. Asby, III, Belmont Moore, Edward W. Lucas, and wife, Alene M. Lucas, Kemp Leggett and wife, Alice J. Leggett, Joseph F. Rhem, and wife, Dessie H. Rhem, Danny Lee Edwards, Luther D. Bailey, and wife, Loretta H. Bailey, Roy Buck, Sallie Beacham, Nora McGowan, Terria H. Williamson, Harvey L. Crisp, James Taylor, Melvin D. Weatherington, Jr., Elizabeth L. Watson, J. W. Jenkins, Cleon Latham, and wife, Sarah B. Latham, H. Earl Gaskins, and wife, Evelyn H. Gaskins, and Marvin L. Mason v. G. T. SWINSON, Lillie L. Pittman, and James R. Vosburgh, Members of the Beaufort County Board of Elections; and Hubert R. Johnson, Tax Collector of Beaufort County.

Court of Appeals of North Carolina.

September 7, 1982.

Attorney(s) appearing for the Case

Herman E. Gaskins, Jr., Washington, for plaintiffs-appellants.

McMullan & Knott, by James B. McMullan, Jr., Washington, for defendants-appellees.

MORRIS, Chief Judge.

Plaintiffs argue, by the two assignments of error brought forward, that the laws and Constitution of this State and the United States Constitution mandate their entitlement to vote in the sewer bond referendum of 11 August 1981, and that their exclusion from participation therein was an abridgement of a fundamental right resulting in their immediate and irreparable injury.

It was stipulated that plaintiffs lived in the annexed area and...

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