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HENDON v. NORTH CAROLINA STATE BD. OF ELECTIONS

Civ. A. No. A-C-82-357.

633 F.Supp. 454 (1986)

W.M. (Bill) HENDON; Bill Hendon for Congress Committee; Peggy B. Hannah, Individually and on behalf of other voters of the Eleventh Congressional District of N.C., Plaintiffs, and U.S. Senator Jesse Helms; the N.C. Republican Party, David T. Flaherty, Chairman, Intervenor Plaintiffs, v. NORTH CAROLINA STATE BOARD of ELECTIONS, Robert W. Spearman, Chairman, and Elloree M. Erwin, Ruth T. Semashko, William A. Marsh, Jr., Robert R. Browning, Members of the N.C. State Board of Elections; Haywood County Board of Elections, Jim Francis, Chairman, and Tom Hart, Frank Queen, Members of the Haywood County Board of Elections; Henderson County Board of Elections, T.E. Mullinax, Jr., Chairman, Nicholas Semashko, Larry Justus, Members of the Henderson County Board of Elections; McDowell County Board of Elections, S.R. "Jack" Triplett, Chairman, and Janet N. Norton, Walter W. Bill Rowe, Members of the McDowell County Board of Elections; Rutherford County Board of Elections, James H. Burwell, Chairman, J.D. Cooley, Bill Penson, Members, Rutherford County Board of Elections; Transylvania County Board of Elections, John R. Hudson, Chairman, William C. Mann, Henry R. Crais, Members, Transylvania County Board of Elections, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

Supplemental Opinion May 5, 1986.

Attorney(s) appearing for the Case

Robert F. Orr, Asheville, N.C., Miller, Canfield, Paddock & Stone by James F. Schoener, Washington, D.C., for plaintiffs.

Maupin, Taylor & Ellis by Armistead J. Maupin, Thomas A. Farr, Raleigh, N.C., for intervenor plaintiffs.

James W. Wallace, Jr., Deputy Atty. Gen. for Legal Affairs, Raleigh, N.C., for defendants.

MEMORANDUM OF OPINION

SENTELLE, District Judge.

THIS MATTER is before the Court on cross motions for summary judgment. Twice before the case has been before this Court and twice before the Court has entered orders apparently dispositive but which were appealed with resultant remands.1 This opinion must necessarily contain a review of these prior proceedings in order to sensibly dispose...

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