SMITH v. WINTER

No. 83-4250.

717 F.2d 191 (1983)

Jimmy SMITH, et al., Plaintiffs-Appellants, v. William F. WINTER, Governor of the State of Mississippi, Mike Carr, Chancellor, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 14, 1983.


Attorney(s) appearing for the Case

Everett T. Sanders, Port Gibson, Miss., for plaintiffs-appellants.

Ed Davis Noble, Jr., Asst. Atty. Gen., Jackson, Miss., for defendants-appellees.

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


CLARK, Chief Judge:

Three Black members of the Claiborne County, Mississippi Board of Education seek to remove to federal court a state hearing convened to determine whether there was cause to hold a public referendum on the issue of their recall from public office. Seeking removal via 28 U.S.C. § 1443, they allege that the application of the Mississippi recall statute violated their civil rights under the Voting Rights Act. The district court remanded for lack...

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