KIRKSEY v. CITY OF JACKSON, MISSISSIPPI

No. 81-4058.

669 F.2d 316 (1982)

Henry J. KIRKSEY, et al., Plaintiffs-Appellants, v. CITY OF JACKSON, MISSISSIPPI, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

March 5, 1982.


Attorney(s) appearing for the Case

Frank R. Parker, Jackson, Miss., Barbara Y. Phillips, Washington, D. C., for plaintiffs-appellants.

Irving L. Gornstein, Atty., U. S. Dept. of Justice, Washington, D. C., amicus curiae.

Howard C. Ross, Jr., City Atty., Thomas G. Lilly, Joseph P. Wise, Richard D. Gamblin, Jackson, Miss., for respondents-appellees.

Before MARKEY, Chief Judge, and GEE and POLITZ, Circuit Judges.


ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

PER CURIAM:

In their application for rehearing, appellants challenge our decision on the question of judicial inquiry into the motivation of the voters in the referendum election. Our opinion, 663 F.2d 659 (5th Cir. 1981), holds that an individual voter may not be subjected to judicial examination concerning how he voted or why he personally voted in that fashion...

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