HISPANICS FOR FAIR AND EQUITABLE REAPPORTIONMENT v. GRIFFIN

Nos. 865, 864, Docket 91-7850, 91-7968.

958 F.2d 24 (1992)

HISPANICS FOR FAIR AND EQUITABLE REAPPORTIONMENT (H-FERA), Gladys Marrero, Luz Velez and Edwin Torres, Plaintiffs-Appellants, and National Association for the Advancement of Colored People, Inc., Marcia B. Hughes, Clarence Dent and Maxine Hare, Intervenors-Plaintiffs-Appellants, v. James D. GRIFFIN, Common Council of the City of Buffalo, City of Buffalo and Board of Elections of Erie County, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 27, 1992.


Attorney(s) appearing for the Case

Arthur A. Baer, New York City (Ruben Franco, Kenneth Kimerling, Puerto Rican Legal Defense and Educ. Fund, Inc., New York City, David G. Jay, Buffalo, N.Y., on the briefs), for plaintiffs-appellants Hispanics for Fair and Equitable Reapportionment (H-FERA), Gladys Marrero, Luz Velez and Edwin Torres.

Cheryl S. Fisher, Buffalo, N.Y. (Magavern & Magavern, Buffalo, N.Y., of counsel), for intervenors-plaintiffs-appellants Nat. Ass'n for Advancement of Colored People, Inc., Marcia B. Hughes, Clarence Dent and Maxine Hare.

Carol E. Heckman, Buffalo, N.Y. (Paul K. Holbrook, Lippes, Kaminsky, Silverstein, Mathias & Wexler, Buffalo, N.Y., of counsel), for defendants-appellees James D. Griffin, Common Council of the City of Buffalo and City of Buffalo.

Before VAN GRAAFEILAND, WALKER and McLAUGHLIN, Circuit Judges.


PER CURIAM:

Two minority organizations and several individuals appeal from a judgment of the United States District Court for the Western District of New York (Elfvin, J.) dismissing appellants' complaints alleging unlawful gerrymandering of councilmanic districts in the City of Buffalo. We vacate and remand.

On June 27, 1991, Hispanics for Fair and Equitable Reapportionment ("H-FERA") commenced an action in Supreme Court, Erie County, alleging that the defendants...

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