De GRANDY v. WETHERELL

Nos. TCA 92-40015-WS, TCA 92-40131-WS and TCA 92-40220-WS.

815 F.Supp. 1550 (1992)

Miguel DE GRANDY, Mario Diaz-Balart, Andy Ireland, Casimer Smericki, Van B. Poole, Terry Ketchel, Roberto Casas, Rodolfo Garcia, Jr., Luis Rojas, Lincoln Diaz-Balart, Javier Souto, Justo Luis Poso, Alberto Cardenas, Rey Velazquez, Luis Morse, Alberto Gutman, Karen E. Butler, Sgt. Augusta Carter, Jean Van Meter, Anna M. Pinellas, Robert Woody, Gina Hahn, Bill Petersen, Terry Kester, Margie Kincaid, and Brooks White, Plaintiffs, v. T.K. WETHERELL, in his official capacity as Speaker of the Florida House of Representatives, Gwen Margolis, in her official capacity as President of the Florida Senate, Lawton Chiles, in his official capacity as Governor of the State of Florida, Jack Gordon, in his official capacity as Chairman of the Senate Reapportionment Committee, Peter R. Wallace, in his official capacity as Chairman of the House Reapportionment Committee, Jim Smith, in his official capacity as Secretary of State of Florida, Robert Butterworth, in his official capacity as Attorney General of Florida, Defendants. FLORIDA STATE CONFERENCE OF NAACP BRANCHES, T.H. Poole, Sr., Whitfield Jenkins, Leon W. Russell, Willye Dennis, Turner Clayton, Rufus Brooks, Victor Hart, Kerna Iles, Roosevelt Walters, Johnnie McMillian, Phyllis Berry, Mary A. Pearson, Mable Butler, Iris Wilson, Jeff Whigham, Al Davis, Peggy Demon, Carlton Moore, Richard Powell, Neil Adams, Leslie McDermott, Robert Saunders, Sr., Irv Minney, Ada Moore, Anita Davis, and Calvin Barnes, Plaintiffs, v. Lawton CHILES, in his official capacity as Governor of Florida, Jim Smith, in his official capacity as Secretary of State of Florida, Robert Butterworth, in his official capacity as Attorney General of Florida, Gwen Margolis, in her official capacity as President of the Florida Senate, T.K. Wetherell, in his official capacity as Speaker of the Florida House of Representatives, Jack Gordon, in his official capacity as Chairperson of the House Reapportionment Committee, and Peter R. Wallace, in his official capacity as Chairman of the House Reapportionment Committee, Defendants. UNITED STATES of America, Plaintiff, v. STATE OF FLORIDA, a State of the United States; T.K. Wetherell, Speaker of the Florida House of Representatives; Gwen Margolis, President of the Florida Senate; Lawton Chiles, Governor of the State of Florida; Robert Butterworth, Attorney General for the State of Florida; Peter R. Wallace, Chairman of the House Reapportionment Committee; Jack Gordon, Chairman of the Senate Reapportionment Committee; Jim Smith, Secretary of State for the State of Florida, Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

July 17, 1992.


Attorney(s) appearing for the Case

E. Thom Rumberger, Rumber, Kirk & Caldwell, Orlando, FL, George N. Meros, Jr., Rumberger, Kirk & Cladwell, Tallahassee, FL, for plaintiffs.

Mark S. Levine, Tallahassee, FL, for Simon Ferro.

George L. Waas, Denis Dean, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL, for third-party defendant.

James A. Peters, Cobb, Cole & Bell, Tallahassee, FL, for Wetherell & Wallace.

F. Perry Odom, Joseph C. Jacobs, Ervin, Varn, Jacobs, Odom & Ervin, Tallahassee, FL, for Andy Ireland.

Craig T. James, pro se.

Donald M. Middlebrooks, Steel, Hector & Davis, Miami, FL, for Jim Bacchus.

Edwin I. Ford, Largo, FL, for George C. McGough et al.

Richard E. Doran, Asst. Deputy Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL, for Chiles & Butterworth.

Sidney L. Matthew, Gorman & Matthew, P.A., Tallahassee, FL, for Florida AFL-CIO.

Halley B. Lewis, pro se.

Daniel J. Webster, pro se.

W. Douglas Moody, Jr., Stephen N. Zack, The Senate Committee on Reapportionment, Mark Herron, Mitchell D. Franks, Akerman, Senterfitt, Eidson, & Moffitt, Tallahassee, FL, for Alzo Reddick.

Parker D. Thomson, Carol A. Licko, Miami, FL, H. Lee Moffitt, Akerman, Senterfitt, Eidson & Moffitt, Tallahassee, FL, for Proffer as Special Master.

C. Clyde Atkins, Sr. U.S. Dist. Judge, S.D.Fla., Miami, FL, for Special Master.

Stephen N. Zack, Miami, FL, for Margolis & Gordon.

Aurora Ares, Thornton David, Murray, Richard & Davis, P.A., Miami, FL, for Cuban American Bar Ass'n.

Larry White, Tallahassee, FL, Frank R. Parker, Brenda Wright, Lawyers' Committee for Civ. Rights Under Law, Washington, D.C., Gwen Humphrey, et al.

Charles G. Burr, Tampa, FL, Harry L. Lamb, Jr., Perry & Lamb, P.A., Orlando, FL, Dennis Courtland Hayes, Willie Abrams, NAACP Special Contribution Fund, Baltimore, MD, for Florida State Conference of NAACP Branches.

Steven Mulroy, Gerald Hebert Dept. of Justice, Civ. Rights Div.-Voting Section, Washington, D.C., for U.S.

Henry C. Hunter, Charles E. Vanture, Tallahassee, FL, Rodney G. Gregory, Rodney G. Gregory, P.A., Jacksonville, FL, for Reaves, Brown & Hargarett.

Edwin J. Turanchik, Zinober & McCrea, Tampa, FL, for Gwen Margolis.

M. David Gelfand, Tulane Law School, New Orleans, LA, for Independent Expert.

Katharine Inglis Butler, University of South Carolina Law School, Columbia, SC, for AFL-CIO.

Alan K. Fertel, Alberto R. Cardenas, Ferrell, Cardenas, Fertel & Morales, P.A., Miami, FL, for Fertel & Cardenas.

Samuel Dubbin, Steel, Hector & Davis, Miami, FL, for Ron Silver, Elaine Bloom, et al.

Bill L. Bryant, Jr., Foley & Lardner, Tallahassee, FL, for Stephen R. McNamara.

Before HATCHETT, Circuit Judge, STAFFORD and VINSON, District Judges.


I. PROCEDURAL HISTORY

Florida currently has forty Senate districts and one hundred twenty House of Representative districts. These districts were created in 1982 and are currently malapportioned. According to the 1990 census data, the total population of the state of Florida is 12,937,926 persons. Between the census of 1980 and 1990, Florida's population increased 3,213,602 persons. To achieve equality between Florida...

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