Affidavit of Counsel for Plaintiffs Alan v. Pugh, et al (81-1066-CIV-5) For Leave to File Supplemental Complaint Setting Forth Grounds (Rule 15(d) F.R.C.P.)

Public Court Documents
April 2, 1982

Cite this item

Affidavit of Counsel for Plaintiffs Alan v. Pugh, et al (81-1066-CIV-5) For Leave to File Supplemental Complaint Setting Forth Grounds (Rule 15(d) F.R.C.P.) preview

Document text

The following text has been generated automatically during the document scanning process. It may contain errors, omissions, or incorrect formatting. Please refer to the PDF document if this text is not usable.

Download

By downloading, publishing, or reusing the Materials outside of the Website, you hereby confirm and attest that you have read and agree to the LDF Archival Collection Terms of Use linked below. We draw your attention to the following:

For those Materials owned by LDF, your use of the Material outside the Site is solely for one or more of the following (the “Permitted Purposes”):

Non-commercial research and private study;
Teaching, scholarship and instruction (including distance learning);
Non-commercial print and non-commercial online use;
Criticism, comment or news reporting; or
For people with visual disabilities (See Section 121 of the Copyright Act).
For those Materials not owned by LDF you understand that:
- It is your responsibility to determine whether the way you plan to use the materials falls within the copyright exception of Fair Use.
- For any use outside of Fair Use, it is your responsibility to seek and obtain all required permissions from any existing rights holders.

LDF hereby grants you the right to use LDF owned Materials for the Permitted Purposes without seeking further permission from LDF.

If you publish or redistribute any Materials (including excerpts and quotes), you must include a credit line and/or proper citation to the source of the Material. However, you may not use the name of LDF in any manner which creates any false association between you and LDF or that incorrectly implies any sponsorship or endorsement of you by LDF.

NOTICE: Uses that do not comply with these Terms or that do not fall under Fair Use (or another exception) may make you liable for copyright infringement.

Read the full LDF Archival Collection Terms of Use Here.

I agree to the terms and conditions for use of this content.

If you would like to use this content in other ways, contact us at .

Matter
- Gingles
Case
- Thornburg v. Gingles
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- d4744c4c-d792-ee11-be37-6045bddb811f

Cite this item

Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Affidavit of Counsel for Plaintiffs Alan v. Pugh, et al (81-1066-CIV-5) For Leave to File Supplemental Complaint Setting Forth Grounds (Rule 15(d) F.R.C.P.), 1982. d4744c4c-d792-ee11-be37-6045bddb811f. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/997e153e-a083-4227-9663-57c372d7cf3d/affidavit-of-counsel-for-plaintiffs-alan-v-pugh-et-al-81-1066-civ-5-for-leave-to-file-supplemental-complaint-setting-forth-grounds-rule-15-d-frcp. Accessed November 29, 2025.

Copied!

    \
a

Bura Donttosolr,
Eor,snousn & Krrnr.v

ATTORIIEYS AND
COUNSELLORS AT LAW
09 NORTH MAIN STREET
SALISBURY. l{. C. 28lt+

O !', $>

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA

RALEIGH DIVISION

Rule 15(d) F.R.C.P.

Arthur J. Donaldson, being first duly sworn, says: That he

is one of the counsel for Plaintiffs, Alan V. Pugh, et aI, in the

above entitled consolidated action, which action was originally

commenced in the Superior Court of Iredell County, lJorth Carolina

on ttre 25L11 day of l{ovember, 1981, removed to the United States

District Court for the Eastern Division of North Carolina on the

t5th day of December, 1981 and consolidated with the case of

Ra1ph Gingles, et al (BI-803-CIV-5) on the 18th day of February,

LggZ; that said action seeks a declaration that the apportionment

and redistricting of the North Carolina Senate and l{orth

Carolina House of Representatives is unconstitutional and

further seeks a court devised plan for both houses based on

single member districts and substantial equality of population

among the districts;

That since the filing of the original complaint in this

cause on November 25, 1981, the United States Department of

Justice, under Section 5 of the Voting Rights Act (42 U'S'C' f973)

disapproved the t\trorth Carolina Senate and North Carolina House

of Representatives redistricting plans and thereafter the State

of North carolina declined to appeal such disapproval.

RALPH GINGLES, €t aI.,
Plai-ntif f s,

vs.

RUFUS EDMISTEN, €t 41.,
Defendants

ALAN V. PUGH, €t AI.,
Plaintiffs

vs.

JAIIES B. HUNT, JR., etc., €t
&1" 

Defendants

No.81-803-CrV-5

No. 81-1066-cIV-5

AFFIDAVIT OF COUNSEL EOR PLAINTIFFS

FOR COMPLAINT



I
\

That thereafter on February 9, L982, the l{orth Carolina

General Assembly met in compliance with the Proclamation of the

Governor of the State of North Carolina under Article III,
Section 5(7) of the Constitution of tlorth Carolina for the

convening of a Second Extra Session of the 1981 General Assembly

of North carolina and attempted to enact new North carolina
Senate and North Carolina House of Representatives redistricting
plans, which plans have been forwarded by lhe State of

North Carolina to the United States Department of Justice for
pre-clearance under Section 5 of the Voting Rights Act

(42 u.s.c. L973) ;

That the Defendants have filed an answer to Plaintiffs'

original complaint but it has become necessary for Plaintiffs

to file and serve a supplemental complaint in this action fot

the reasons that the North Carolina General Assembiy has, since

the fiting of the original complaint, enacted new redistricing
plans, all as detailed above.

Arthur/J. Donaldson , Attorney or Plainti

Sworn and subscribed to before
this ,. ? 4 day of March , t982.

otary Pub
DAPHNE M. WEEMS

NOTARY PUBLIC
ROWAN CO., NCI{y Commission Expires: 4z y'-rt

CERTIFICATE OT SERVICE

This is to certify that the undersigned attorney has
this date served this pleading or paper in the above entitled
action upon each of the parties *to this cause by the method
checked below:

Depositing a copy hereof postage prepaid
post office or official depository under
exclusive care and custody of the United
States Posta1 Service properly addressed
the attorney(s) for said party(ies).

Handing a copy hereof to the attorney for
said party (ies) .

ina
the

to

B.



tt

C. Leaving a copy hereof with a
employee at the office(s) of
for said party(ies).

partner or
the attorney(s)

*Mr. James C. Wallace, Jt.
Deputy Attorney General for Legal Affairs
North Carolina Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602

IvIr. Jerris Leonard
900 17th Street, Nw
Suite 1020
Washington, D.C. 20006

J. Levonne Chambers
James E. Ferguson, II
Les1ie J. Winner
Chambers, Ferguson, Watts, Wa11as, Adkins & Fuller, P.A.
Suite 730
East Independence Plaza
951 South Independence Boulevard
Charlotte, North Carolina 28202

Jack Greenberg
Napoleon Williams
Lani Guinier
Suite 2030
10 Columbus Circle
New York, New York 10019

rhis 4 day of 4, , Lgg 2 .

309 North Main Street
Salisbury, North Carolina 28L44
Telephone: 704-637-1500

Arthur J. Dona
BURKE & DONALDSON

Copyright notice

This collection and the tools to navigate it (the “Collection”) are available to the public for general educational and research purposes, as well as to preserve and contextualize the history of the content and materials it contains (the “Materials”). Like other archival collections, such as those found in libraries, LDF owns the physical source Materials that have been digitized for the Collection; however, LDF does not own the underlying copyright or other rights in all items and there are limits on how you can use the Materials. By accessing and using the Material, you acknowledge your agreement to the Terms. If you do not agree, please do not use the Materials.

Additional info

To the extent that LDF includes information about the Materials’ origins or ownership or provides summaries or transcripts of original source Materials, LDF does not warrant or guarantee the accuracy of such information, transcripts or summaries, and shall not be responsible for any inaccuracies.

Affidavit of Counsel for Plaintiffs Alan v. Pugh, et al (81-1066-CIV-5) For Leave to File Supplemental Complaint Setting Forth Grounds (Rule 15(d) F.R.C.P.)

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

You may also be interested in