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DAVIS v. LINVILLE

No. 88-7365 Non-Argument Calendar.

864 F.2d 127 (1989)

Dennis W. DAVIS, Ina Mae Abramson, Johnnie O. Harden, Michael G. Murks and Annie Mae Waddell, Plaintiffs-Cross-Claim Defendants-Appellants, v. Osbie J. LINVILLE, individually and as Lauderdale County Superintendent of Education; Probate Judge William B. Duncan, Sheriff Billy Townsend, and Circuit Court Clerk Kenneth C. Austin, in their official capacities as members of the Board of Election Supervisors for Lauderdale County, AL, Defendants-Appellees, William D. Johnson, Randy K. Thigpen, and Rick Duncan, Defendants-Intervenors-Cross-Claim Plaintiffs-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied March 8, 1989.

Attorney(s) appearing for the Case

Mark B. Craig, Decatur, Ala., for plaintiffs-cross-claim defendants-appellants.

J.R. Brooks, Ford, Caldwell, Ford & Payne, Huntsville, Ala., for Osbie J. Linville.

Harold G. Peck, Peck & Morrow, Florence, Ala., for William Johnson, R. Thigpen & Rick Duncan.

Marvin A. Wilson, Florence, Ala., Don Siegelman, Atty. Gen., Gregory O. Griffin, Asst. Atty. Gen., Montgomery, Ala., for Duncan & Sheriff Townsend.

Before HILL, JOHNSON and ANDERSON, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 8, 1989.

PER CURIAM:

FACTS

The City of Florence, Alabama, a municipality located wholly within Lauderdale County, Alabama, maintains a school system and a Board of Education independent and separate from that of Lauderdale County. In 1975, the Alabama legislature enacted 1975 Ala. Acts 633, which excluded Florence residents from voting for County Board of Education members. However, residents of the City...

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