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HENDRIX v. JOSEPH

No. 76-1725.

559 F.2d 1265 (1977)

T. J. HENDRIX et al., Individually and for all others similarly situated, Plaintiffs-Appellees, v. William F. JOSEPH, Jr., Individually and in his official capacity as Chairman of the Montgomery County Commission, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 12, 1977.

Attorney(s) appearing for the Case

Jack Crenshaw, W. Mark Anderson, III, Montgomery, Ala., for defendants-appellants.

Pamela S. Horowitz, Jr., Morris S. Dees, Joseph J. Levin, Jr., Howard A. Mandell, Montgomery, Ala., for plaintiffs-appellees.

Wm. Baxley, Atty. Gen., State of Ala., Montgomery, Ala., for State of Ala.

Before AINSWORTH and RONEY, Circuit Judges, and ALLGOOD, District Judge.

RONEY, Circuit Judge:

The County Commission of Montgomery County, Alabama, is elected at-large by all the voters of the county. The black plaintiffs allege that this twenty-year-old practice dilutes their votes. The lack of consideration of, and sufficient factual findings on, several of the elements which are relevant to a claim of dilution require a remand, consistent with our recent decisions in David v. Garrison, 553 F.2d 923<...

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