Order and Permanent Injunction

Public Court Documents
April 6, 1998

Order and Permanent Injunction preview

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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 July 11, 2025.

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    APR-03-28 0G:06PM re nT +7043345654 » 7-428 ~ P.01/02 F~1T2 

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

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