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CANTON BRANCH, N. A. A. C. P. v. CITY OF CANTON, MISS.

Civ. A. Nos. J77-0136(R), J77-0129(N).

472 F.Supp. 859 (1979)

CANTON BRANCH, NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, an Unincorporated Association, Tom Alexander, Sam Young, Walter Caldwell, and Wilbert Robinson, Individually and on behalf of all others similarly situated, Plaintiffs, v. CITY OF CANTON, MISSISSIPPI, Harry S. Baldwin, Mayor, Earnest A. (Gus) Kraft, Phillip Buffington, J. D. Maness, Glynn L. Cook, Earl B. Goolsby, Sr., H. B. Cooper and Ernest Perkins, Aldermen, Individually and in their official capacities as Members of the Board of Aldermen of the City of Canton; City of Canton Municipal Democratic Executive Committee, Charles Riddell, Chairman of the City Democratic Executive Committee, City of Canton Municipal Election Commission, R. H. Shackleford, Jr., Dr. George Carmichael and William B. Crawford, Members of the City Election Commission, Defendants. Eugene HINTON, Eddie G. Akins, Robert S. Mizell, James N. Stewart, Robert Taylor, Larry Saxton, Individually and on behalf of all others similarly situated, Plaintiffs, v. Harry BALDWIN, Mayor of the City of Canton, Mississippi, Phillip Buffington, J. D. Maness, Glynn Cook, Earl B. Goolsby, H. B. Cooper, Ernest Perkins and Earnest A. Kraft, Jr., Aldermen of the City of Canton, Mississippi, Election Commissioners of the City of Canton, Mississippi, and the Democratic Executive Committee of the City of Canton, Mississippi, Defendants.

United States District Court, S. D. Mississippi, Jackson Division.

On Petition For Adjudication of Compliance March 5, 1979.

Attorney(s) appearing for the Case

G. M. Case, Case, Montgomery & Smith-Vaniz, Canton, Miss., Thomas J. Ginger, Frank R. Parker, Michael A. Middleton, Jackson, Miss., for plaintiffs.

R. L. Goza, Canton, Miss., Edward Blackmon, Jr., Blackmon, Smith & Nichols, Canton, Miss., for defendants.

MEMORANDUM OPINION

NIXON, District Judge.

In these two cases the Court is asked to consider the constitutionality of a municipal form of government, commonly called a voter dilution case, and to fashion an appropriate remedy if a constitutional infirmity is found to be present. The city involved in this case is Canton, Mississippi, the County Seat of Madison County, Mississippi, and two aspects of this litigation distinguish it somewhat from the usual case...

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