Pugh v. Hunt Motion for Determination that Action May be Maintained as a Class Action
Public Court Documents
April 15, 1982

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Case Files, Thornburg v. Gingles Working Files - Williams. Pugh v. Hunt Motion for Determination that Action May be Maintained as a Class Action, 1982. f0aad83e-da92-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/de30ae65-46ba-45f1-a0a1-02d884d67fb9/pugh-v-hunt-motion-for-determination-that-action-may-be-maintained-as-a-class-action. Accessed June 17, 2025.
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I IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA RALEIGH DIVISION ALAN V. PUGH, et a1., Plainti ffs , vs. JAMES B. HUNT, JR., etc., et als., Defendants. No. 81-1066-CIV-5 MOTION FOR DETERMINATION THAT ACTION MAY BE I{AINTAINED AS A CLASS ACTION (Ru1e 23 F. R.C.P. ) : NOW COI{ES the Plaintiffs through'their attorneys, Arthur J. ; Donaldson and Robert N. Hunter, Jr.ripursuant to Rule 23 Federal i Rules of Civil Procedure and respectfully move this Court, to i determine: it i (1) That as to those allegationj of Plaintiffrs complaint i addressing discrimination against th? black population of North t Carolina and the submergence and dilytion of the black voting strength (Counts 3r 5 and 9) the efaintiff's Mason t{cCullough and PauI B.'Eaglin, as well as all ttre Plaintiffs in the companion consolidated case of Ralph Gingles, ?t aI (81-803-CIV-5) Ue de- clared to be'represent.ative of the eptire class of black citizens of the State of North Carolina and tfrat the consolidated cases may l properly proceed as a class action fgr the following reasons: (a) The class is so numerous thet joinder of all members (b) There are questj-ons of law pnd fact common to the class; (c) The claim of the representafive Plaintiffs is typical of the claims of the class and it can rpasonably be expected that Defendants will interpose identical defenses to all such claims; (d) That Defendants have acted ina refused to act on grounds generally applicable to the class thgreby making appropriate final injunctive relief and corresponding declaratory relief with respect to the class as a whole. (e) That Plaintiffs, Mason McCullough and paul B. Eaglin, will fairly and adequately protect the j-nterest of the crass, it being shown unto the Court that Mason McCullough is an adult black and a citizen of irlorth Carolina reslding in Iredell County, North carolina, and is the publj-sher of The rredell county News in statesville, North carolina, who has over the years involved himself in the affairs of his community and is well acquainted with the issues involved in this lawsuit; that Plaintiff, PauI B. Eaglin, is an adulL blac\ and a citizen of North : Carolina, residing in Cumberland County, .ttrorth Carolina, and is an attorney engaged in the private practice of law in Fayetteville, North Carolina ana is well acquainted with the issues invorved. in this lawsuj-t \aving involved himself in the affairs of Cumberland County bot\ as a private citizen and tt in the Courts. :, (f) That the questions of law or fact common to the members of the class predomi-nate over any questions affecting only i individual members and that a class action is superior to the other available methods for the fair and efficient adjudication of the controversy. (g) That counsel for Plaintiffs, Mason McCullough and PauI B. Eaglin, will fairly and adequately represent and protect them and all members of the class and show unto the Court that Arthur J. Donaldson, counsel for Plaintiffs, is a trj-al- lawyer with L4 years experience in the private practice of 1aw, is a former Special Agent of the Federal Bureau of Investigation having had among other duties the responsibility for investigating civil rights complaints, he is a member and has been a member of the Natj-onal Conference of Christians and Jews, Salisbury Chapter since .1967 and presently represents the African Methodist Episcopal Zion Church in pending litigatioD, 2. That as to those allegai.ons of Plaintiffsr complaint addressing those issues not directly involved in the discrimination against black citizens of North Carolina (counts -2- 2, 11, 12 and 13) sentative of the (black, whiter ot as a class action I above Respectfully L982. all the Plaintiffs entire class of vot Indian) and that t for the same reaso be declared to be repre- ng citizens of North Carolina is case'may properly proceed s as detailed in Paragraph 1g { aav ofsubmitted, this the ,o-L,rr/z/--) I & DONALDSON HUNTER, HODGI{AN, GREENE & GOODMAN Attgrneys for Plaintiffs P. 0. Box 3245 20llWest Market Street Gregnsboro, North Carol j-na 27 402 Telgphone : 919-373-0934 I Att$rneys for Plaintiffs 309iNorth Main Street -3- This is to certify that the undersigned attorney has this dat,e served this pleading or paper in the above entitled action upon each of the parties*to this cause by the method checked below: CERTIFICATE OF SERVICE X A. Depositing a copy hereof postage prepaid in a post office or official depository under the exclusive care and custody of the United States Postal Service properly addressed to the attorney(s) for said party(ies). B. Handing a copy hereof to the attorney for said party(ies). c. tL rhis t( Leaving a copy hereof with a partner or employee at the office(s) of the attorney(s) for said party(ies). 20005 309 l.Iorth Main Street Salisbury, North Carolina 28L44 Telephone: 704-637-I500 *Mr. James C. Wallace, Jr. Deputy Atiorngy General for Lega1 Affairs North Carolina Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 Mr. Jerris Leonard 900 17th Street, NW Suite 1020 Washington, D.C. J. Levonne Chambers James E. Ferguson, II Leslie J. Winner Chambers, Ferguson, Watts, Wallas, Adkins & Fu1ler, 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 Arthur/J. Donaldson BURKE & DONALDSON