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RATCLIFF v. BUNCOMBE COUNTY, N.C.

Civ. No. A-C-84-10.

663 F.Supp. 1003 (1987)

R. Curtis RATCLIFF; Marion C. Havener; and Eugene S. Dumas, individually and on behalf of other citizens and residents of Buncombe County, Plaintiffs, v. The COUNTY OF BUNCOMBE, NORTH CAROLINA, Defendant.

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

July 2, 1987.

Attorney(s) appearing for the Case

Robert B. Long, Jr., Steve R. Warren, Long, Parker, Payne & Warren, Asheville, N.C., for plaintiffs.

James Gary Rowe, Shuford, Best, Rowe & Brondyke, Asheville, N.C., for defendant.

MEMORANDUM OF DECISION

SENTELLE, District Judge.

Plaintiffs are before this Court attacking legislation establishing the governmental form of Buncombe County as violative of both the federal and state constitutions. The matter now arises on cross motions for summary judgment; the parties agreeing that there are no "genuine issues of material fact" and that the issues involved are ones of law for resolution by the Court. Fed.R.Civ.P. 56. Before answering...

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