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WILLIAMS v. EZELL

No. 74-4059.

531 F.2d 1261 (1976)

Lonnie WILLIAMS and Thelma Craig, for themselves and all others similarly situated, Plaintiffs-Appellants, v. Probate Judge E. Mark EZELL et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 20, 1976.

Attorney(s) appearing for the Case

Neil Bradley, Sara Jane Love, Atlanta, Ga., for plaintiffs-appellants.

Sara E. Green, Trudy B. Levy, League of Women Voters Ed. Fund, Washington, D. C., for League of Women Voters of U. S. & Alabama.

J. Edward Thornton, Mobile, Ala., for Virginia Oglesby, and others.

John Y. Christopher, Butler, Ala., for defendants-appellees.

Before DYER, CLARK and GEE, Circuit Judges.

DYER, Circuit Judge:

Williams and Craig brought suit challenging the apportionment of districts and certification of school Board candidates. After Plaintiffs unsuccessfully attempted to dismiss the action voluntarily under F.R.Civ.P. 41(a)(1) the district court awarded attorneys fees to the Board. Plaintiffs appealed. We reverse.

This action was brought on March 14, 1974, approximately two months before a primary election of candidates for the Choctaw County...

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