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DEMOCRATIC PARTY OF GUILFORD CTY. v. GUILFORD CTY. BD. OF ELECTIONS

No. 9118SC1144.

453 S.E.2d 243 (1995)

117 N.C. App. 633

The DEMOCRATIC PARTY OF GUILFORD COUNTY and Ellen Emerson, Individually and as Chairperson of the Democratic Party of Guilford County, and Africa S. Hakeem, Plaintiffs, v. GUILFORD COUNTY BOARD OF ELECTIONS, B.J. Pearce, James Pfaff and Robert Newsome, III; and George Gilbert, Supervisor of the Guilford County Board of Elections, Defendants.

Court of Appeals of North Carolina.

February 7, 1995.

Attorney(s) appearing for the Case

Smith Helms Mulliss & Moore by McNeill Smith, Benjamin F. Davis, Jr., and Andrew S. Chamberlin, Greensboro, for plaintiff appellees.

Robinson, Bradshaw & Hinson, P.A. by John R. Wester, Robert W. Fuller and J. Daniel Bishop, Charlotte, for defendant appellants.

COZORT, Judge.

At approximately 7:00 p.m. on 6 November 1990, plaintiff Democratic Party of Guilford County sought and obtained from Guilford County Superior Court Judge Joseph R. John a temporary restraining order directing the defendant Guilford County Board of Elections to extend the hours of the voting polls in Guilford County by one hour, from 7:30 p.m. until 8:30 p.m. A month later, on 6 December 1990, plaintiffs filed a Rule 41 voluntary dismissal of their...

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