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JEFFERS v. CLINTON

No. H-C-89-004.

740 F.Supp. 585 (1990)

M.C. JEFFERS, Al Porter, Evangeline Brown, Clyde Collins, O.C. Duffy, Earl Foster, the Rev. Ellihue Gaylord, Shirley M. Harvell, Linda Shelby, J.C. Jeffries, Lavester McDonald, Joseph Perry, Clinton Richardson, T.E. Patterson, Earnest Simpson, Brian Smith, and Charlie Statewright, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Bill CLINTON, in His Official Capacity as Governor of Arkansas and Chairman of the Arkansas Board of Apportionment; W.J. McCuen, in His Official Capacity as Secretary of State of Arkansas and Member of the Arkansas Board of Apportionment; and Steve Clark, in His Official Capacity as Attorney General of Arkansas and Member of the Arkansas Board of Apportionment, Defendants.

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

Decided May 16, 1990.

Judgment May 16, 1990.

Attorney(s) appearing for the Case

P.A. Hollingsworth, Little Rock, Ark., L.T. Simes, II, West Helena, Ark., Kathleen Bell, Helena, Ark., Olly Neal, Jr., Marianna, Ark., Don E. Glover, Dermott, Ark., Penda D. Hair, Washington, D.C., Donna L. Dennis, Julius L. Chambers, Dayna L. Cunningham, Sherrilyn Ifill, New York City, Sheila Y. Thomas, NAACP Legal Defense Inc., Washington, D.C., for plaintiffs.

Frank J. Wills, III, Atty. General's Office, Little Rock, Ark., for defendants.

Before ARNOLD, Circuit Judge, EISELE, Chief District Judge, and HOWARD, District Judge.

ARNOLD, Circuit Judge.

On December 4, 1989, we filed our first opinion in this voting-rights case. We held that the plan of apportionment then in effect for the Arkansas General Assembly — the plan adopted by the State Board of Apportionment in 1981 — diluted the votes of black citizens in violation of Section 2 of the Voting Rights Act of 1965, as amended in 1982, 42 U.S.C. §§ 1973 et seq. We directed the defendants to submit a new...

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