JEFFERS v. CLINTON

No. H-C-89-004.

756 F.Supp. 1195 (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.

Order February 9, 1990.

Order on Clarification February 16, 1990.

Opinion on Reconsideration March 5, 1990.

Final Order March 5, 1990.

Order on Motion for Stay March 5, 1990.

Dissenting Opinion March 6, 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, New York City, Julius L. Chambers, Dayna L. Cunningham, Sherrilyn Ifill, N.A.A.C.P. Legal Defense Fund, Inc., New York City, and Sheila Y. Thomas, N.A.A. C.P. 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.


Dissenting Opinion of Chief District Judge Eisele March 6, 1990.

ARNOLD, Circuit Judge.

(Filed Feb. 9, 1990)

On December 4, 1989, we held unlawful the present plan of apportionment for the Arkansas General Assembly and directed the defendant Board of Apportionment to submit a new, lawful plan by January 15, 1990. 730 F.Supp. 196. On January 16, 1990 (the time being extended one day on account of a legal holiday...

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