IRBY v. FITZ-HUGH

Civ. A. No. 87-0633-R.

692 F.Supp. 610 (1988)

Darius IRBY, et al., Plaintiffs, v. Susan H. FITZ-HUGH, et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

May 16, 1988.


Attorney(s) appearing for the Case

Gerald T. Zerkin, Gerald T. Zerkin & Associates, Susan L. Quig-Terry, American Civil Liberties Union Foundation of Virginia, Richmond, Va., Kathleen L. Wilde, Laughlin McDonald, Neil Bradley and Derek Alpharan, American Civil Liberties Union Foundation, Inc., Atlanta, Ga., for plaintiffs.

Guy W. Horsley, Jr., Mary Sue Terry, Gail S. Marshall, K. Marshall Cook, Paul J. Forch, Gregory J. Haley and Joan Murphy, Office of the Atty. Gen., Richmond, Va., for Fitz-Hugh, in her official capacity as Secretary of the Virginia State Bd. of Elections, and Virginia State Bd. of Elections.

Mayo K. Gravatt, Blackstone, Va., for Long, Daniels, Eppes, Jenkins and Hagaman, in their official capacities as members of the School Bd. Selection Com'n of Nottoway County, and Powell, King and Ragland, in their official capacities as members of the Electoral Bd. of Nottoway County.

E.M. Wright, Jr., Buckingham, Va., for Agee, La Sueur and Morris, in their official capacities as members of the School Bd. Selection Com'n of Buckingham County, and Shepard, Morgan and Steger, in their official capacities as members of the Electoral Bd. of Buckingham County.

Robert A. Bruce, Farmville, Va., for Carwile, Clark, Garnett, Hendley, Maxwell, Moore, Scott and Stokes, in their official capacities as members of the Bd. of Sup'rs of Prince Edward County, and Watson, Ferguson and Venable, in their official capacities as members of the Electoral Bd. of Prince Edward County.

William W. Bennett, Jr., Bennett and Rand, Halifax, Va., for Tate, Conner, Abbott, Clark, Colman, Henderson and Matthews, in their official capacities as members of the Bd. of Sup'rs of Halifax County, and Woltz, Conner and Farrington, in their official capacities as members of the Electoral Bd. of Halifax County.

Michael R. Packer, Office of the City Atty., Petersburg, Va., for Farley, Edwards, Bigley, Cuthbert, Mickens, West and East, in their official capacities as members of the City Council of the City of Petersburg, and Aldridge, King and Phillips, in their official capacities as members of the Electoral Bd. of the City of Petersburg.


MEMORANDUM OPINION

RICHARD L. WILLIAMS, District Judge.

This matter is before the Court on the parties' cross motions for summary judgment pursuant to Fed.R.Civ.P. 56. The plaintiffs are black representative voters from Nottoway, Buckingham, Prince Edward, Halifax Counties and the City of Petersburg, the Southern Christian Leadership Conference and Citizens for a Better America. They challenge Virginia's appointive process for selecting school board representatives...

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