Defendants' Motion to Reconsider Denial of Motion to Stay

    rN THE UNITED STATES DTSTRICT COURT
F'OR THE EASTERN DISTRICT OF NORTH CAP.OLINA

RALEIGH DIVTSION

RALPH GINGLES, et a1.,

v.

RUFUS L. EDMISTEN, etc., et a1.,

Defendants.

crvrl No. Bl-803-crv-5
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DEFENDA}ITS I MOTTON TO RECONSIDER
DENIAL OP MOTION TO STAY

Now come the defendants in the ahove-captioned action, by and

through their attorneys of record, stating to the Court the following:
1. On October 21, 1981, the defendants filed their }lotion to

Stay Proceedings in the above-captioned action pending the determina-

tion of the United States Attorney General on the issue of the

legality of Articre ar, sections 3(3) and 5(3)r of the constitution
of North Carolina and the 1981 apportionment of the representative

districts for the United States Congress and the North Carolina

Senate and House of Representatives;

2. As of this dater rro determination has been maCe by the

United States A.ttorney General trj-th respect to any of the matters

submitted to the Departrnent of .Tustice i
'3. 

On November 19, 1981, this Court entered an Order vrhich,

inter aliq, denied the defendants' Motion to Stay Proceedings "in
order to permit fu1l preparation of the case for expeditious adjudica-

tion " ;

4. Said Order was entered on the sixth day follor.ring the

filing of the plaintiffs' Memorandum in Opposition to the Defendants'

l{otion to Stayr preventing the defend.ants from filing vrith the

Court a reply to the response pursuant to local rule 4.05;

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I'I}IEREFORE, the defendants respectfulry move the court that
the court accept for filing and consider the .defendants' ,.ply,
that the court reconsider its order of october 19, rgglr ;1s that
order regards the defendants' Motion to stay proceeditrgs, and

that the Court afford the defendants opportunity to be heard on

their llotion to Stay proceedings

This the 23rd day of November, 1981

RUFUS L. EDMISTNN
ATTORNEY GENARAL

N. C. Department of ,fustice
Post Office Box 629
Ra1eigh, North Carolina 27602
Telephone : (919) 733-3377'

Norma Harrell
Tiare Smiley
Assistant Attorneys General

Ronald Goodl:read
Jerris Leonard
900 17th Street, N.It.
Suite 1020
Washinqton, D. C. 20006

C€r ,ff.
Attorney Ge

Legal Affair
rney Generalrs Office

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CERTIFICATA OF SERVTCE

r hereby certify that r have this day served the foregoing
Defendants I Motion to Reconsider Denial of Motion to stay upon

praintiffsr attorneys by placing a copy of said Motion in the
united states Post office, postage prepaid, addressed to:

J. Levonne Chambers
Leslie Winner
Chambers, Ferguson, Watt, Wallas,

Adkins & Fuller, p.A.
951 South Independence Boulevard
Charlotte, North CaroLina 2g2oz

Jack Greenberg
.James M. Nabrit, IIf
Napeoleon B. Williams, Jr.
10 Columbus CircIe
New York, Nevr York 10019

This the 23rd. day of November, 1981