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PENDLETON v. HEARD

No. 86-4747.

824 F.2d 448 (1987)

Jessie PENDLETON, et al., Plaintiffs-Appellants, v. Tommy HEARD, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing September 16, 1987.

Attorney(s) appearing for the Case

Carroll Rhodes, Hazelhurst, Miss., for plaintiffs-appellants.

Miriam Eisenstein, Jessica Dunsay Silver, Irving Gornstein, U.S. Dept. of Justice, Washington, D.C., for amicus curiae-U.S.

John H. Henley, W. Brand Henley, Jr., James W. Henley, Henley, Lotterhos & Henley, Jackson, Miss., for defendants-appellees.

Stephen J. Kirchmayr, Jr., Richard G. Jones, Asst. Attys. Gen., for Cupit, State Bond Atty. & Pittman.

Before CLARK, Chief Judge, RANDALL, and DAVIS, Circuit Judges.

CLARK, Chief Judge:

The issue in this case is whether the Tax Injunction Act of 1937 bars the district court's exercise of jurisdiction over a complaint asserting that Section 5 of the Voting Rights Act is violated when a County Board of Supervisors refuses to call elections on proposed county road and bridge bonds. The district court held the Tax Injunction Act did apply to this case and dismissed the complaint for lack of jurisdiction, 642 F.Supp...

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