Motion Concerning Further Proceedings

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Matter
- Gingles
Case
- Thornburg v. Gingles
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- 7c7e12cc-d692-ee11-be37-00224827e97b

Cite this item

Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Motion Concerning Further Proceedings, 1986. 7c7e12cc-d692-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a5839402-f174-4ea7-b77c-24dbf45363b6/motion-concerning-further-proceedings. Accessed December 04, 2025.

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    IN THE UNITED STATED DISTRICT COURT
FOR THE EASTERN DISTRICT OF' NORTH CAROLINA

RALEIGH DIVISION
NO. B1-803-Crv-5

RALPH GINGLES, et dI.,

Plaintiffs,

v.

LACY H. THORNBURG, Attorney
General, €t dI.,

Defendants.

MOTION CONCERNING FURTHER PROCEEDINGS

This action is before this court on remand for action
consistent with the Opinion and Judgment of the Supreme Court of
the United States. Plaintiffs, with consent of defendants, move

that this court novr take the forlowing actions in light of the
Supreme Court's judgment:

1. Pursuant to Order of the Supreme Court, this action has

been remanded for reconsideration of this Court's determination
concerning Durham County, House District #23. plaintiffs do not
wish to present further evidence or argument concerning their
claims as to Durham County at this time. Plaintiffs therefore
move that the order and Judgment of January 27, 1984, be vacated

only insofar as it concerns House District #23, and that
plaintiffs' claims with regard to House District #23 be dismissed

without prejudice to plaintiffs' ability to renew these claims in
right of the circumst-ances of the future operation of the at
large method of election in Durham county or in right of other
material changes in circumstances.



2. Paragraph 4 of the Order of January 27, 1984, deferred
the award of costs and attorneys fees as prayed by plaintiffs.
Plaintiffs nc,\^r request that the Court establish a schedule for
determining plaintiffs' entitlement to attorneys' fees and costs
and specifically t"q,r"=i that plaintiffs and plaintiff-intervenors
have untir December r, 1986, to fire a petition for award of fees

and costs.

This ? U", of September, 1986.

WE CONSENT:

.Tames M. WaIIace, Jr.

Respectfully submitted,

73O East Independence plaza
951 South Independence Boulevard
C'harlotte, North Carolina 29202
(7O4) gts-8461
Attorney for Plaintiffs

Assistant Attorney General
Post Office Box 1166
Raleigh, NC 27602

Attorney for Defendants

Ferguson, -Stein, Watt, WaIlas
& Adkins, P.A.

-2-



CERTIFICATE OF SERVICE

I certify that I have served the foregoing Motion Concerning

Further Proceedings on all other parties by pracing a copy

thereof enclosed in a postage prepaid properly addressed wrapper

in a post office or official depository under the exclusive care

and custody of the united states postar service, addressed to:

Mr. C. Allen Foster
Foster, Conner, Robson & Gumbiner, p.A.
Post Office Drawer 2OOO4
I04 North EIm Street
Greensboro, North Carolina 2742O

This the q day of September, 1986.

LesIie

-3-



oo

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Motion Concerning Further Proceedings

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

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