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HURLBUT v. SCHEETZ

No. 86-5200.

804 F.2d 462 (1986)

Alan HURLBUT and Linda Hurlbut, Appellants, v. Wyman SCHEETZ, Dale Schulz, John Bobb, Jr., Mrs. Eugene Emineth and Bill Hickle, in their official capacities as members of the Center School District, No. 18, Appellees, v. NORTH DAKOTA STATE BOARD OF PUBLIC SCHOOL EDUCATION.

United States Court of Appeals, Eighth Circuit.

Decided October 31, 1986.

Attorney(s) appearing for the Case

Kathryn L. Dietz, Bismarck, N.D., for appellants.

Gary R. Thune, Bismarck, N.D., for appellees.

Before FAGG, Circuit Judge, TIMBERS, Senior Circuit Judge, and BOWMAN, Circuit Judge.

FAGG, Circuit Judge.

The issue on this appeal is whether the district court fashioned a proper remedy for the violation of the "one-person, one-vote" principle in school board elections in a lightly populated rural North Dakota school district. The court, faced with the inability of Center School District, No. 18 (CSD), to put in place a constitutional election system, mandated at-large voting with the restriction that candidates should be grouped on the ballots by...

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