LAKE v. STATE BD. OF ELECTIONS OF NORTH CAROLINA

Civ. No. 2:91CV00254.

798 F.Supp. 1199 (1992)

I. Beverly LAKE, Jr., John Thomas Edlen, and Pieter Witteveen, on behalf of themselves and others similarly situated, Plaintiffs, v. The STATE BOARD OF ELECTIONS OF NORTH CAROLINA; M.H. Hood Ellis, in his capacity as Chairman of said State Board; William A. Marsh, in his capacity as Member of said State Board; Ruth Turner, in her capacity as Member of said State Board; Gregg O. Allen, in his capacity as Member of said State Board; June K. Youngblood, in her capacity as Member of said State Board; Alex K. Brock, in his capacity as Executive Secretary-Director of said State Board; James G. Martin, in his official capacity as Governor of the State of North Carolina; and Rufus Edmisten, in his capacity as Secretary of State for the State of North Carolina; and The Board of Elections of Durham County, North Carolina; Jo Overman, in her capacity as Chairman of said County Board; Ronald Gregory, in his capacity as Member of said County Board; and Edward Pope, in his capacity as Member of said County Board; and The Board of Elections of Guilford County, North Carolina; Betty J. Pearce, in her capacity as Chairman of said County Board; James S. Pfaff, in his capacity as Member of said County Board; and Robert W. Newsom, III, in his capacity as Member of said County Board, Defendants.

United States District Court, M.D. North Carolina, Greensboro Division.

March 31, 1992.


Attorney(s) appearing for the Case

Robert Neal Hunter, Jr., Marshall Hurley, Patton, Boggs & Blow, Greensboro, N.C., I. Beverly Lake, Sr. (Retired Justice, N.C. Supreme Court), Wake Forest, N.C., for plaintiffs.

James M. Wallace, Jr., Edwin M. Speas, Jr., Charles M. Hensey, Tiare B. Smiley, N.C. Dept. of Justice, Atty. General's Office, Raleigh, N.C., for defendants.

Before PHILLIPS, Circuit Judge, BULLOCK, District Judge, and TILLEY, District Judge.


MEMORANDUM OPINION

PER CURIAM:

Plaintiffs have brought this suit alleging violations of § 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973c (1988), of the Due Process and Equal Protection Clauses of the Fourteenth Amendment actionable under 42 U.S.C. § 1983, and of state laws governing the electoral process. The action arises out of alleged irregularities surrounding the conduct of the November 6, 1990, general election in Durham and Guilford...

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