SIMKINS v. GRESSETTE

No. 80-1370.

631 F.2d 287 (1980)

Modjeska M. SIMKINS, F. B. Drakeford, Billie S. Flemming, Freddie Jolley, Isaac W. Williams, Dorothy Drakeford, Lenny Springs, Frank Gilbert, S. T. Peden, Hyland Davis, and Marva Smalls, Individually and on behalf of all others similarly situated, Plaintiffs, v. L. Marion GRESSETTE, Individually, in his official capacity as President Pro Tempore of the Senate of South Carolina, and as a representative of the class of members of the Senate of South Carolina, Richard W. Riley, Individually and in his capacity as Governor of South Carolina, Fredinan Stevenson, Individually and in her capacity as President of the South Carolina Senate, Rex L. Carter, Individually and in his official capacity as Speaker of the South Carolina House of Representatives, and as a representative of the class of members of the South Carolina House of Representatives, H. Ray Ham, Margaret Townsend, Zilla Hinton, James O. Brown, and Neal D. Thigpen, Individually and in their capacities as members of the South Carolina State Election Commission, Daniel I. Ross, Jr., Chairman of the South Carolina Republican Party, and Donald L. Fowler, Chairman of the South Carolina Democratic Party, Individually and as representatives of the class of officers of duly certified political parties of South Carolina, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 22, 1980.


Attorney(s) appearing for the Case

Mordecai C. Johnson, Florence, S.C., Fred Henderson Moore, Charleston, S.C. (Edward Brown, Charleston, S.C., John R. Harper, II, Columbia, S.C., W. Newton Pough, Orangeberg, S.C., on brief), for appellants.

Robert Guild, Columbia, S.C. (Warren & Pitts, Allendale, S.C., on brief), for Tom Turnipseed, etc.

Randall T. Bell, Columbia, S.C. (Daniel R. McLeod, Atty. Gen., Treva G. Ashworth, Senior Asst. Atty. Gen., Bernard Manning, Elliott D. Thompson, Columbia, S.C., on brief), for appellees.

Before WIDENER and ERVIN, Circuit Judges.


WIDENER, Circuit Judge:

Appellants are eleven black citizens and registered voters of the State of South Carolina.1 They filed this action against various South Carolina officials and against the chairmen of the State Democratic and Republican parties, alleging that South Carolina's present senate reapportionment plan dilutes their vote in violation of the First, Thirteenth, Fourteenth, and Fifteenth...

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