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BANDEMER v. DAVIS

Nos. IP 82-56-C, IP 82-164-C.

603 F.Supp. 1479 (1984)

Irwin C. BANDEMER, Obi Badili, RaNelle Pearson, George Womack Jr., Edward O'Rea, John Higbee, David Scott Richards, Plaintiffs, v. Susan J. DAVIS, John Livengood, and Thomas S. Milligan, as members of the Indiana State Election Board; Laurie Potter Christie, as Executive Director of the Indiana State Election Board; and Edwin J. Simcox, Secretary of State of the State of Indiana, Defendants. INDIANA N.A.A.C.P. STATE CONFERENCE OF BRANCHES; Indianapolis Branch, N.A.A.C.P.; Fort Wayne Branch N.A.A.C.P.; Gary Branch N.A. A.C.P.; East Chicago Branch; Thomas Bunnell; Edward Richardson; James E. Clark; Bervin E. Caesar; Elizabeth Dobynes; Dr. Benjamin Grant; John Stott; and Eunice Roper Allen, Plaintiffs, v. Robert D. ORR, Governor, State of Indiana; Susan J. Davis, John Livengood, and Thomas Milligan, Members, Indiana State Election Board; Laura Potter Christie, Executive Director, Indiana State Election Board; Edwin J. Simcox, Secretary of State, State of Indiana; J. Roberts Dailey, Speaker, Indiana House of Representatives; Robert D. Garton, President Pro Tem, Indiana State Senate; Richard Mangus, Chairman, Standing Committee on Elections and Apportionment, House of Representatives and Charles Bosma, Chairman Standing Committee of Legislative Apportionment and Elections, State Senate, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

December 13, 1984.

Attorney(s) appearing for the Case

Theodore R. Boehm, Christopher G. Scanlon, John B. Swarbrick, Jr., Indianapolis, Ind., for plaintiffs in No. IP 82-56-C and for defendants in No. IP 82-164-C.

William M. Evans, Michael T. Schaefer, Deputy Atty. Gen., Indianapolis, Ind., for defendants in No. IP 82-56-C.

Thomas I. Atkins, Michael H. Sussman, Brooklyn, N.Y., Dennis C. Hayes, Indianapolis, Ind., for plaintiffs in No. IP 82-164-C.

Before PELL, Senior Circuit Judge, NOLAND, Chief Judge, and BROOKS, District Judge.

OPINION

NOLAND, Chief Judge, and BROOKS, District Judge.

These Findings of Fact and Conclusions of Law are entered in the above-captioned causes in memorandum form, pursuant to Rule 52(a), Federal Rules of Civil Procedure.

These lawsuits were heard by a three-judge panel appointed by The Honorable Walter J. Cummings, Chief Judge, Seventh Circuit, United States Court of Appeals. United States Circuit Judge Wilbur F. Pell, Jr., presided over the panel...

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