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NEAL v. HARRIS

Nos. 86-1734, 87-1541.

837 F.2d 632 (1987)

John S. NEAL; Constance T. Wynn; Mary E. Tucker; Marjorie M. Greenhill; Alfred V. Tucker; Isabel P. Neal; Alice Tucker, Plaintiffs-Appellees, v. James HARRIS, as Mayor of Blackstone, Virginia; J.A. Wilson, Jr.; James Simpson; E.T. Clay; W.E. Hawkes; John W. Hill, Jr.; P.B. Ellington, Jr.; R.A. Pennington, as members of Town of Blackstone, Defendants-Appellants, and Forest Ragland; A. Taylor Jenkins; Eloise H. Powell; Conway B. Moncure, individually and as members of Electoral Board of Nottoway County, Virginia; Wanda S. Engle, individually and as a Registrar Voters of Nottoway County, Virginia, Defendants. John S. NEAL; Constance T. Wynn; Mary E. Tucker; Marjorie M. Greenhill; Alfred V. Tucker; Isabel P. Neal; Alice Tucker, Plaintiffs-Appellees, v. James HARRIS, as Mayor of Blackstone, Virginia; J.A. Wilson, Jr.; James Simpson; E.T. Clay; W.E. Hawkes; John W. Hill, Jr.; P.B. Ellington, Jr.; R.A. Pennington, as members of Town of Blackstone, Defendants-Appellants, and Forest Ragland; A. Taylor Jenkins; Eloise H. Powell; Conway B. Moncure, individually and as members of Electoral Board of Nottoway County, Virginia; Wanda S. Engle, individually and as a Registrar Voters of Nottoway County, Virginia, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1987.

Attorney(s) appearing for the Case

Kennen C. Walden, Jr. (Connie Louise Edward, Walden & Walden, P.C., Blackstone, Va., on brief), for defendants-appellants.

Gerald Thomas Zerkin (Zerkin, Heard & Kozak, Richard D. Taylor, Hill, Tucker & Marsh, Richmond, Va., Laughlin McDonald, Neil Bradley, American Civil Liberties Union, Atlanta, Ga., on brief), for plaintiffs-appellees.

Before PHILLIPS, ERVIN and WILKINSON, Circuit Judges.

PER CURIAM:

This appeal challenges the authority of the district court to order a special election implementing the terms of a consent decree creating a new electoral system in the Town of Blackstone, Virginia. Because we find that the consent decree committed the matter of a special election to the discretion of the district court, we affirm.

I

Plaintiffs, black citizens of the Town of Blackstone, Virginia, brought this action against Blackstone...

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