CANNON v. NORTH CAROLINA STATE BD. OF EDUC.

No. 5:96-CV-115-BR(3).

917 F.Supp. 387 (1996)

Hazard CANNON, Norman Phillips, and Dan Sizemore, Plaintiffs, v. NORTH CAROLINA STATE BOARD OF EDUCATION, Dennis A. Wicker, in his official capacity as Lieutenant Governor of the State of North Carolina, and President of the Senate; Harold J. Brubaker, in his official capacity as Speaker of the North Carolina House of Representatives; The Durham County Board of Elections, an official agency of the State of North Carolina; The Durham County Board of Commissioners, Defendants.

United States District Court, E.D. North Carolina, Western Division.

February 23, 1996.


Attorney(s) appearing for the Case

John C. Randall, Randall, Jervis & Hill, Durham, NC, for Plaintiffs.

Edwin M. Speas, Jr., Senior Deputy Attorney General, Raleigh, NC, for State Defendants.

Thomas R. Odom, Durham, NC, for County Defendants.


ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter comes before the undersigned on plaintiffs' motion for a temporary restraining order, preliminary injunction, and permanent injunction, directing that the upcoming 1996 Durham Public School Board election be conducted pursuant to N.C.Gen. Stat. § 115C-35, and enjoining as unconstitutional and illegal the conduct of said election, as currently planned, pursuant to the districting plan ratified...

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