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SMITH v. CLINTON

Civ. A. No. LR-C-88-29.

687 F.Supp. 1361 (1988)

Elbert SMITH, Vickie Miles Robertson, Johnny Mae Williams, Maxine Bohannon, Carolyn Stephenson, Ester Cage, Faye Williams, Darrick Handy, Anthony R. Holmes, Carol Holmes, and Maggie Hall, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Bill CLINTON, Governor of Arkansas, Bill McCuen, Secretary of State of Arkansas, and Steve Clark, Attorney General of Arkansas, In Their Respective Official Capacities and In Their Official Capacities as Members of the Board of Apportionment of the State of Arkansas; Lilburn W. Carlisle, Chairperson of the Arkansas State Committee of the Democratic Party; Tommye S. Givens, Secretary of the Arkansas State Committee of the Democratic Party; Ed Bethune, Chairperson of the Arkansas State Committee of the Republican Party; and Phyllis Kincannon, Secretary of the Arkansas State Committee of the Republican Party, Defendants.

United States District Court, E.D. Arkansas, W.D.

July 7, 1988.

Attorney(s) appearing for the Case

William L. Robinson, Frank R. Parker, Robert B. McDuff, Samuel Issacharoff, Lawyers' Committee for Civ. Rights Under Law, Washington, D.C., Ben Thomas Cole, II, East Arkansas Legal Services, West Memphis, Ark., Reginald Robertson, East Arkansas Legal Services, Helena, Ark., Victor Hill, East Arkansas Legal Services, Blytheville, Ark., (John Walker, Little Rock, Ark., of counsel), for plaintiffs.

Frank J. Wills, III, Asst. Atty. Gen., Little Rock, Ark., Kent J. Rubens, West Memphis, Ark., for defendants.

Before ARNOLD, Circuit Judge, HARRIS, Senior District Judge, and WOODS, District Judge.

ARNOLD, Circuit Judge.

On July 1, 1988, this Court entered its final judgment in this vote-dilution case under Section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973. This opinion explains our reasons for the particular form of judgment we have entered.

We had previously held that plaintiffs, black registered voters in Crittenden County, Arkansas, had demonstrated that at-large election of State Representatives from dual-member District...

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