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UNITED STATES v. DUKE

No. 20800.

332 F.2d 759 (1964)

UNITED STATES of America, Appellant, v. Leonard C. DUKE, Circuit Court Clerk and Registrar, Panola County, Mississippi, et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 22, 1964.

Attorney(s) appearing for the Case

Harold H. Greene, Gerald P. Choppin, Attys., Burke Marshall, Asst. Atty. Gen., H. M. Ray, U. S. Atty., John Doar, Atty., Dept. of Justice, Washington, D. C., for appellant.

Peter M. Stockett, Jr., Sp. Asst. Atty. Gen. of Mississippi, William A. Allain, Will S. Wells, Asst. Attys. Gen. of Mississippi, Jackson, Miss., Herbert M. Fant, Sardis, Miss., James McClure, Sr., James McClure, Jr., Sardis, Miss., Robert T. Riser, Batesville, Miss., Joe T. Patterson, Atty. Gen. of Mississippi, for appellees.

Before TUTTLE, Chief Judge, and RIVES and WISDOM, Circuit Judges.

TUTTLE, Chief Judge.

When this suit was filed by the United States on October 16, 1961, Panola County, Mississippi, had 7,639 white persons, and 7,250 Negroes of voting age. At least 5,343 white persons were then registered to vote. The only Negro registered to vote in Panola County was R. H. Hightower, 92 years old, who had registered in 1892. This does not tell the whole story, because another Negro, E. H. Holloway, was registered on January 5, 1952, but he is now...

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