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UNITED STATES v. BOARD OF SUP'RS FORREST CTY.

Nos. 75-3707 and 76-1638.

571 F.2d 951 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. The BOARD OF SUPERVISORS OF FORREST COUNTY, MISSISSIPPI, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 24, 1978.

Attorney(s) appearing for the Case

Robert E. Hauberg, U. S. Atty., Jackson, Miss., J. Stanley Pottinger, Asst. Atty. Gen., Brian K. Landsberg, Jessica D. Silver, Walter W. Barnett, U. S. Dept. of Justice, Civ. Rights Div., App. Section, Washington, D. C., for plaintiff-appellant.

Stone D. Barefield, R. W. Heidelberg, James F. McKenzie, F. M. Turner, III, Hattiesburg, Miss., for defendants-appellees.

Before TUTTLE, CLARK, and RONEY, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The United States filed this suit to enjoin the use of certain county election districts, which it claimed perpetuated the dilution of black voting strength in Forrest County, Mississippi. After a three-day hearing, the district court held that the United States had failed to carry its burden of proof. This appeal followed. In an intervening case, this circuit en banc has held that on the same and similar facts there was proof of dilution...

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