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SUTTON v. ESCAMBIA COUNTY BD. OF EDUC.

No. 85-7685.

809 F.2d 770 (1987)

Adolph SUTTON, Jr., for himself and all others similarly situated, Plaintiff-Appellant, v. ESCAMBIA COUNTY BOARD OF EDUCATION, Jim Staff, Raymond Beasley, L.E. Dickinson, Jr., A.D. Johnson, Jr. and Fred Salter, members of Escambia County Board of Education, Martha Kirkland, Judge of Probate, Timothy A Hawsey, Sheriff of Escambia County, and James D. Taylor, Clerk of Circuit Court, as members of the Board of Election Supervisors of Escambia County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 12, 1987.

Attorney(s) appearing for the Case

John I. Cottle, III, Bowles & Cottle, Tallassee, Ala., for plaintiff-appellant.

Charles A. Graddick, Atty. Gen., Ronald C. Forehand, Asst. Atty. Gen., Montgomery, Ala., Benjamen T. Rowe, Cabaniss, Johnston, Gardner, Dumas & O'Neal, David Kane, Mobile, Ala., for defendants-appellees.

Before RONEY, Chief Judge, CLARK, Circuit Judge, and DOYLE, Senior District Judge.

PER CURIAM:

In this action, residents of Escambia County, Alabama, seek to have an Alabama statute declared unconstitutional as applied because it allows residents of the City of Brewton to vote for county school board members, which allegedly dilutes the votes of the county residents in violation of the equal protection clause. This Court has considered this same question in connection with three other Alabama counties. In one case we upheld the inclusion of city...

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