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WINBORNE v. EASLEY

No. COA98-1523.

523 S.E.2d 149 (1999)

Vaughan S. WINBORNE, Jr., Plaintiff, v. Michael F. EASLEY, Attorney General of the State of North Carolina, Colon Willoughby, in his official capacity as District Attorney for the 10th Prosecutorial District, and North Carolina State Board of Elections, Defendants.

Court of Appeals of North Carolina.

December 21, 1999.

Attorney(s) appearing for the Case

White & Associates, by J. David Stradley, Raleigh, for plaintiff-appellee.

Attorney General Michael F. Easley, by Special Deputy Attorneys General Susan K. Nichols, Alexander McC. Peters, and James Peeler Smith, for defendants-appellants.

Deborah K. Ross and Mebane Rash Whitman, Raleigh, for amicus curiae American Civil Liberties Union of North Carolina Legal Foundation, Inc.

WALKER, Judge.

On 2 October 1998, plaintiff filed this action seeking to enjoin defendants from enforcing N.C. Gen.Stat. § 163-278.13B on the ground that the statute unconstitutionally infringed upon his freedom of speech under the First and Fourteenth Amendments to the United States Constitution. Specifically, plaintiff asserted that the statute was unconstitutional as applied to him as a non-incumbent candidate for...

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