Howard AVENS et al., Plaintiffs,
v.
B. K. WRIGHT et al., Defendants.
BOARD OF SUPERVISORS OF BUCHANAN COUNTY et al., Plaintiffs,
v.
Glyn PHILLIPS, etc., Defendants.
United States District Court, W. D. Virginia, Abingdon Division.https://leagle.com/images/logo.png
Argued July 30, 1970.
Decided October 27, 1970.
Attorney(s) appearing for the Case
S. Strother Smith, III, James R. Moore, Abingdon, Va., for plaintiffs Howard Avens and others.
Andrew P. Miller, Atty. Gen. of Va., M. Harris Parker, Chief Deputy Atty. Gen., William M. Phillips, Walter H. Ryland, Asst. Attys. Gen., for J. Aubrey Matthews, Judge of the Circuit Court of Washington County.
William W. Eskridge, Penn, Stuart & Eskridge, Abingdon, Va., for Lindy Mack Seamon.
David D. Brown, Commonwealth's Atty., Washington County, Abingdon, Va., for Dan G. Stevens, R. L. Brewer, and Robert H. Snodgrass, Jr.
T. L. Hutton, Abingdon, Va., for George B. Hutton and John S. Kelly.
John A. Paul, Harrisonburg, Va., for C. Richard Campbell, Hugh M. Herald, B. K. Wright, and Everette Hagy.
Glen M. Williams, Jonesville, Va., for plaintiffs Bd. of Supervisors and others.
Andrew P. Miller, Atty. Gen. of Va., M. Harris Parker, Chief Deputy Atty. Gen., William M. Phillips, Walter H. Ryland, Asst. Attys. Gen., Richmond, Va., for Glyn Phillips and Raymond Boyd, Judges of the Circuit Court of Buchanan County, Virginia.
William W. Eskridge, Penn, Stuart & Eskridge, Abingdon, Va., for Ellis Viers, Auty Branham, and E. M. Coleman.
Before BUTZNER, Circuit Judge, and MacKENZIE and MERHIGE, District Judges.
United States District Court, W. D. Virginia, Abingdon Division.
BUTZNER, Circuit Judge:
In these two actions, citizens of Washington County, Virginia, and the supervisors of Buchanan County, Virginia, challenge the constitutionality of Va. Code Ann. §§ 15.1-571 through 15.1-581 which set out the procedure for reapportioning county magisterial districts, and § 24-145 which provides for filling vacancies in county offices. They complain that the reapportionment statute, by its own terms and when read with § 24...
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