Pugh v. Hunt Motion for Determination that Action May be Maintained as a Class Action

    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

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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