Order and Permanent Injunction
Public Court Documents
April 6, 1998
2 pages
Cite this item
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Case Files, Cromartie Hardbacks. Order and Permanent Injunction, 1998. f5b4fb73-e10e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/845c495d-c9b8-4c5a-aa97-158032d49218/order-and-permanent-injunction. Accessed November 19, 2025.
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FILED
I¥ THER RIATRICT COURT oF ingiodiig hein
FOR THE BARTERN DIRTRICT OF CAR
EASTERN DIVISION APR 3 1998’
CIVIL NO. 4136CVi04-BO(3)
DAVID W, DANIEL, CLERK
tS DISTRICT COURT
MARTIN CROMARTIE, et al., E DIST. NO. CAR.
plaincifres,
ARLER. AMR
EERMANENZ. SHI ECT ION
JAMES B. HUNT, JR., in his
capacity as Governor of the
state of North Carolina,
at al.,
Dafendants.
HIS MATTER 14 before the Court on Plaintiffs' motion for
preliminary injunction, Plaintiffs’ motion for summary judgment,
and Defendants’ motion for summary judgnent.
Following a hearing on Tuesday, March 31, 1598, tho Court
rack these motions under advisement and new isauws the follawing
ruling:
3) Finding That the Twelfth Congressional pistrict under
the 1897 North Caralina congresaianal redistricting
plan is unconstitutionrl, the Court hersby GRANTS
plaingiffs' motien for summary judgment as tg the
Twelfth congressional plerriae.
Based upnn the court's finding that the Twelfth
Congreasianal District is uncenstitutiamal, it is
further ORDERAD that Plaintiffe’ metien for a
preliminary injunction and Plaintiff's request for a
+ APR-03-98 06:06PM FOS LL De +7043345654 » 1-428 .'P.02/02 F-I72
parmanent anjunction as contained in its complaint sre
GRANTED. Defendants ara naradby ENJOINED from conducting
any primary oF general election lor eongreanional
offices under the redistricting plan enacted as 1997
N.C. Sesplon lLawa. Chapter 11.
3) Tt is further ORDERED that tha parties ile a wrpiteen
gubmission no later than Wadnesday, april 8, 1938,
addrenping the tollawing issues:
A tea wre
opportunity to correct the conctitutional defects
in the 1997 plan, in default of which tha Caurt
would undertake the Task.
b A eposed slsction schedula to follow
A in which providas for a primary
election process culminating in a gensxal
cangresaional elaction ta be neld an Tuesday,
November 3, 1946.
This order and permanent injunctisn are anterad hy 3
majority of the thraa-judge panel. Civeuit Judge Bam J. Ervin,
TTY, dissents. Memcranda with reference te thia arxder will be
isRued as moon as possibla.
TRIG the shira day of April, 1998,
TERRENCE W, BOYLR
chisf United States District Judga
RICHARD L. VOQRHERS
United States District Judge
ori fansanid lJ: Ji
TERRENCE W. BOVLE
chief United Statep Dissrice ge