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DOTSON v. CITY OF INDIANOLA, MS.

No. 82-4595.

739 F.2d 1022 (1984)

Nelson DOTSON, Ruthie Mae Moton, et al., Plaintiffs-Appellants, Cross-Appellees, v. The CITY OF INDIANOLA, MS., et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

August 24, 1984.

Attorney(s) appearing for the Case

McTeer & Bailey, Charles Victor McTeer, Willie Griffin, Greenville, Miss., Carver Randale, Indianola, Miss., for Dotson, et al.

Clark, Davis & Belk, W. Dean Belk, Indianola, Miss., Freeland & Gafford, James L. Robertson, T.H. Freeland, III, Oxford, Miss., for defendants-appellees, cross-appellants.

Before WISDOM, REAVLEY, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We face cross-appeals over the issue of whether the city of Indianola has been motivated by a discriminatory purpose in its annexation attempts. We are persuaded that the conclusions of the district court regarding purposeful discrimination drawn from facts found to be undisputed are not adequate for our review and may be internally inconsistent and inappropriate for summary judgment when viewed against the permissible use of...

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