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MALLORY v. EYRICH

No. 87-3838.

839 F.2d 275 (1988)

William MALLORY, et al., Plaintiffs-Appellants, v. George C. EYRICH, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 12, 1988.

Attorney(s) appearing for the Case

Thomas I. Atkins (argued), Brooklyn, N.Y., for plaintiffs-appellants.

Andrew I. Sutter (argued), William J. Steele, Asst. Atty. Gen., Columbus, Ohio, James W. Harper (argued), Asst. Pros. Atty., Cincinnati, Ohio, for defendants-appellees.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and McRAE, District Judge.

LIVELY, Chief Judge.

The principal question in this case is whether section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973 (1982), applies to judicial elections. Section 2, as amended in 1982, provides:

§ 1973. Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation (a) No voting qualification or prerequisite to voting or...

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