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McLAUGHLIN v. NORTH CAROLINA BD. OF ELECTIONS

No. 94-1711.

65 F.3d 1215 (1995)

Scott McLAUGHLIN, as a candidate for Governor of North Carolina and as a representative of the Libertarian Party of North Carolina; Libertarian Party of North Carolina; The Libertarian Party; Kathleen Ferrell, as a North Carolina Voter who desires to remain registered as a Libertarian, Plaintiffs-Appellants, v. NORTH CAROLINA BOARD OF ELECTIONS; William A. Marsh, Jr., in his official capacity as Acting Director of the State Board of Elections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1995.

Attorney(s) appearing for the Case

ARGUED: James Richard Glover, Glover & Petersen, P.A., Chapel Hill, NC, for appellants. Charles McKinnon Hensey, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC, for appellees. ON BRIEF: Ann B. Petersen, Glover & Petersen, P.A., Chapel Hill, NC; E. Clark Dummit, Dummit & Associates, Winston-Salem, NC, for appellants. Michael F. Easley, Attorney General, North Carolina Department of Justice, Raleigh, NC, for appellees.

Before ERVIN, Chief Judge, MOTZ, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Chief Judge ERVIN and Judge MOTZ joined.

OPINION

PHILLIPS, Senior Circuit Judge:

The national Libertarian Party and the Libertarian Party of North Carolina, along with Scott McLaughlin, the state party's most recent candidate for Governor, and Kathleen Ferrell, a North Carolina voter registered as a Libertarian, appeal from a summary judgment order dismissing their claims...

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