Waller v. Butkovich

MEMORANDUM AND ORDER

MERHIGE, District Judge.

Plaintiffs have applied to the Court for permission to appeal, pursuant to 28 U.S.C. § 1292(b), this Court’s order of July 11, 1984. That order denied plaintiffs’ motion to stay trial proceedings in this case. Plaintiffs based their motion to stay on the grounds that the jury plan now in effect in the Middle District of North Carolina substantially underrepresents black people in the district.

In addition to plaintiffs’ materials, two amicus briefs have been submitted in support of the plaintiffs’ application. A number of organizations and…