No. 102PA92.

416 S.E.2d 390 (1992)

331 N.C. 335

Judge Anthony M. BRANNON v. NORTH CAROLINA STATE BOARD OF ELECTIONS; M.H. Hood Ellis, Chairman, Gregg O. Allen, William A. Marsh, Ruth Turner, June K. Youngblood, Members, State Board of Elections; Alex K. Brock, Executive Secretary-Director, State Board of Elections; Judge Robert F. Orr, Judge Jack Cozort, Judge John B. Lewis, Jr., and Judge James A. Wynn, Jr.

Supreme Court of North Carolina.

May 8, 1992.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by Michael Crowell and Mark J. Park, Raleigh, for plaintiff appellee.

Parker, Poe, Adams & Bernstein by Robert W. Spearman and Robert H. Tiller, Raleigh, for defendant appellant State Bd. of Elections.

Womble Carlyle Sandridge & Rice by Donald L. Smith, Raleigh, for intervenor defendant appellants Judge Jack Cozort, Judge John B. Lewis, Jr., and Judge James A. Wynn, Jr.

Petree Stockton & Robinson by John F. Mitchell, Raleigh, for intervenor defendant appellant Judge Robert F. Orr.

EXUM, Chief Justice.

This action arises from a decision of the North Carolina State Board of Elections declining to accept plaintiff's notice of candidacy for the seat on the North Carolina Court of Appeals currently occupied by Judge Robert F. Orr. Following the Board's decision, plaintiff, a judge of the North Carolina Superior Court, brought this action for injunctive relief and mandamus against the Board and its individual members. On 21 February 1992 the trial...

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