S. C. STATE CONFERENCE OF BRANCHES, ETC. v. RILEY

Civ. A. Nos. 81-2287-6, 81-2493-0.

533 F.Supp. 1178 (1982)

SOUTH CAROLINA STATE CONFERENCE OF BRANCHES OF the NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE, INC., and William F. Gibson, its President, Adele Thompson Adams, Carol Camellia Singletary, Rev. George R. Couser, Robert S. Logan, Madie Robinson, Frank B. Washington, David I. Lucas, and S. T. Peden, Plaintiffs, v. Honorable Richard D. RILEY, Governor of the State of South Carolina, Nancy Stevenson, Lieutenant Governor of the State of South Carolina, Presiding Officer and President of the Senate, L. Marion Gressette, President Pro-Tempore of the Senate and Chairman of the Senate Judiciary Committee, Raymond Schwartz, Jr., Speaker of the House, Robert J. Sheheen, Chairman of the House Judiciary Committee of the State of South Carolina, and James Ellisor, Elections Commissioner for the State of South Carolina, Defendants. Richard Patrick OWENS, a resident of the County of Hampton, and Henry D. Prickett, a resident of the County of Greenville, Plaintiffs, v. Richard W. RILEY, Governor of the State of South Carolina, Nancy Stevenson, Lieutenant Governor of the State of South Carolina and Presiding Officer of the Senate, Ramon Schwartz, Jr., Speaker of the South Carolina House of Representatives, and James B. Ellisor, Executive Director of the Elections Commission for the State of South Carolina, Defendants.

United States District Court, D. South Carolina, Columbia Division.

Decided March 8, 1982.


Attorney(s) appearing for the Case

Thomas I. Atkins, Margaret Ford, New York City, Michael F. Talley, Talley & Lewis, Greenville, S. C., John B. Duggan, Edwards, Duggan & Reese, P. A., Greer, S. C., for plaintiffs.

Elmer W. Hatcher, Jr., Aiken, S. C., for H. A. McClearen.

Henry H. Taylor, West Columbia, S. C., for S. C. Republican Party.

Daniel R. McLeod, Atty. Gen., C. Tolbert Goolsby, Deputy Atty. Gen., Treva G. Ashworth, Senior Asst. Atty. Gen., James M. Holly, Asst. Atty. Gen., Preston B. Haines, III, Isabel W. Smith, Randell T. Bell, Robert E. Stepp, Columbia, S. C., for defendants.

Before HAYNSWORTH, Senior Circuit Judge, RUSSELL, Circuit Judge, and SIMONS, Chief Judge for the District of South Carolina.


PER CURIAM.

For many months the two houses of the South Carolina legislature wrestled with the problem of congressional redistricting on the basis of the 1980 census data. Plans acceptable to one of the houses, however, were not acceptable to the other. Conceiving themselves to be hopelessly deadlocked, they abandoned the attempt to reach agreement with the expectation that this court would adopt a redistricting plan for the State.

I.

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