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BRIGHT v. McCLURE

No. 88-3974.

865 F.2d 623 (1989)

Carvel BRIGHT; Frank Ledford, Plaintiffs-Appellants, v. Harold McCLURE individually and in his official capacity, a Clerk of the Superior Court of Clay County, North Carolina, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 1989.

Attorney(s) appearing for the Case

J. Hue Henry (Henry & Pearson, P.C., on brief), for plaintiffs-appellants.

Richard L. Griffin, Asst. Atty. Gen. (Lacy H. Thornburg, Atty. Gen., on brief), for defendant-appellee.

Before RUSSELL and WILKINS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

In this action under 42 U.S.C. § 1983 (1981), the plaintiffs, two former magistrates in Clay County, North Carolina, charged that the defendant, a newly elected clerk of superior court of Clay County, failed to include them in the clerk's list of nominees for the magisterial positions because of the plaintiffs' affiliation with the Democratic Party. The district court granted the defendant's motion for summary judgment, holding...

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