ARMOUR v. STATE OF OHIO

No. 88-4040.

925 F.2d 987 (1991)

Ezell ARMOUR, et al., Plaintiffs-Appellants, v. The STATE OF OHIO, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 15, 1991.


Attorney(s) appearing for the Case

Percy Squire (argued), Bricker & Eckler, Columbus, Ohio, Robert A. Douglas, Sr., Youngstown, Ohio, for plaintiffs-appellants Ezell Armour, Isadore Blakeny and Abdullah Mustafi Ali.

Theresa Rittinger Schaefer, Catherine M. Cola and Andrew I. Sutter (argued), Asst. Attys. Gen., Office of Atty. Gen. of Ohio, Columbus, Ohio, for defendants-appellees State of Ohio, Ohio Apportionment Bd., Richard F. Celeste, Governor, Sherrod Brown, Thomas E. Ferguson, J. Barney Wuilter and Michael A. Fox, Representatives.

Gordon M. Strauss, Thompson, Hine & Flory, Cincinnati, Ohio, for amicus curiae Ohio Republican State Cent. and Executive Committee.

Benjamin L. Ginsberg, Washington, D.C., for amicus curiae Republican Nat. Committee.

Brenda Wright, Lawyers' Committee of Civ. Rights, Washington, D.C., for amicus curiae Lawyers' Committee for Civ. Rights Under Law.

Before MERRITT, Chief Judge, KEITH, KENNEDY, MARTIN, JONES, KRUPANSKY, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS and SUHRHEINRICH, Circuit Judges, and WELLFORD, Senior Circuit Judge.


MERRITT, Chief Judge.

We conclude in this legislative reapportionment case from Ohio that the District Court should have invoked the procedures established in 28 U.S.C. § 2284 for convening a district court of three judges, and we therefore reverse the judgment of the District Court and remand with instructions for the District Court to follow the procedures set out for convening such a court.

In 1988, plaintiffs filed this action challenging the fragmentation...

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