No. 89-3436.

906 F.2d 524 (1990)

CONCERNED CITIZENS OF HARDEE COUNTY, etc., et al., Plaintiffs-Appellants, v. HARDEE COUNTY BOARD OF COMMISSIONERS, etc., et al., Defendants-Appellees. CONCERNED CITIZENS OF HARDEE COUNTY, etc., et al., Plaintiffs-Appellants, v. HARDEE COUNTY SCHOOL BOARD, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended August 6, 1990.

Attorney(s) appearing for the Case

David M. Lipman, Miami, Fla., James A. Tucker, Florida Rural Legal Services, Inc., Fort Myers, Fla., for plaintiffs-appellants.

Robert M. Fournier, Sarasota, Fla., Katharine I. Butler, University of South Carolina Law Center, Columbia, S.C., Gary Alan Vorbeck, Arcadia, Fla., for defendants-appellees.

Before HATCHETT and ANDERSON, Circuit Judges, and DYER, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this voting rights class action, we are asked to determine whether the district court erred when it denied relief under section 2 et seq. of the Voting Rights Act of 1965. Finding (1) that the class of black and hispanic voters failed to satisfy the second element of a section 2 vote dilution claim, political cohesiveness, and (2) that the class's new theory of recovery is not properly before this court, we affirm the district court.

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