HARRIS v. LUCKEY

No. 90-9062.

918 F.2d 888 (1990)

Joe Frank HARRIS, Governor, et al., Petitioners, v. Horace LUCKEY, III, et al., Respondents.

United States Court of Appeals, Eleventh Circuit.

November 16, 1990.


Attorney(s) appearing for the Case

William B. Hill, Jr., Michael E. Hobbs, Alfred L. Evans, Jr., Atlanta, Ga., for petitioners.

David A. Webster, Emory University School of Law, Robert B. Remar, Neil Bradley, Laughlin McDonald, Kathleen Wilde, Derek Aphrin, American Civ. Liberties Union Foundation, Inc., Atlanta, Ga., for respondents.

Before HATCHETT, COX and BIRCH, Circuit Judges.


BIRCH, Circuit Judge:

Appellants (defendants below) have presented to this court a petition for permission to appeal pursuant to 28 U.S.C. § 1292(b) and Fed.R.App.P. 5. For the reasons that follow, the petition is GRANTED.

I. BACKGROUND

Appellees (plaintiffs below) filed their complaint in this case on October 24, 1986 and their amendment to that complaint on November 25, 1986. The class action was initiated by two groups of plaintiffs: (1)...

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