KIRKSEY v. ALLAIN

Civ. A. No. J85-0960.

635 F.Supp. 347 (1986)

Henry KIRKSEY, John Q. Adams, Edward Blackmon, Jr., Alvin E. Boyce, Edgar Bridges, Owen H. Brooks, Ben F. Burckett, Obie Clark, Eugene Daniels, James Davis, Arwilla Davison, André Deberry, Evan Doss, Jr., William Fleming, Roy Garth, Carsie A. Hall, Jim Davis Hull, Edward K. Jackson, Frank Mingo, Jessie Pendleton, Rev. Robert L. Seals, Sr., Janette Self, Nausead Stewart, Monzell Stowers, and Denise Walls, on behalf of themselves and all others similarly situated, Plaintiffs, v. William A. ALLAIN, Governor of Mississippi; Edwin L. Pittman, Attorney General of Mississippi; Dick Molpus, Secretary of State of Mississippi, in their Official capacities and as Members of the Mississippi State Board of Election Commissioners; State Board of Election Commissioners; State of Mississippi Democratic Party Executive Committee, by and through its Chairman, Steve Patterson, and State of Mississippi Republican Party Executive Committee, by and through its Chairperson, Ebie Spivey, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

May 21, 1986.


Attorney(s) appearing for the Case

Carroll Rhodes, Hazlehurst, Miss., Johnnie L. Walls, Jr., Greenville, Miss., William L. Robingon, Samuel Issacharoff, Patricia M. Hanrahan, Lawyers' Committee for Civil Rights Under Law, Washington, D.C., Lynda C. Robinson, Jackson, Miss., for plaintiffs.

Robert M. Arenston, Steven J. Kirchmayr, Deputy Attys. Gen., Hubbard T. Saunders, IV, Sp. Counsel, Jackson, Miss., for defendants.

Before CLARK, Circuit Judge, and BARBOUR and WINGATE, District Judges.


MEMORANDUM OPINION AND ORDER

Plaintiffs, a class consisting of 25 black, registered voters in Mississippi, filed suit alleging Defendants1 violated the Fourteenth and Fifteenth Amendments and §§ 2 and 5 of the Voting Rights Act of 1965, as amended, by failing to: (1) submit for preclearance under § 5 of the Voting Rights Act certain Mississippi statutes pertaining to judicial...

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