M.C. JEFFERS, Al Porter, Evangeline Brown, Clyde Collins, Earl Foster, The Rev. Ellihue Gaylord, Shirley M. Harvell, Linda Shelby, J.C. Jeffries, 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.
Jim Guy TUCKER, 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 Winston Bryant, 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.https://leagle.com/images/logo.png
September 2, 1993.
Dissenting Opinion November 15, 1993.
Attorney(s) appearing for the Case
Don E. Glover, Dermott, AR, Perlesta A. Hollingsworth, Hollingsworth Law Firm, P.A., Little Rock, AR, Olly Neal, Jr., Marianna, AR, L.T. Simes, II, Simes & Simes, West Helena, AR, Perda D. Hair, Washington, DC, Julius L. Chambers, Sherrilyn Ifill, Dayna L. Cunningham, NAACP Legal Defense Fund, Inc., New York City, Sheila Y. Thomas, NAACP Legal Defense Inc., Washington, DC, Donna L. Dennis, Debevoise & Plimpton, New York City, Kathleen Bell, Chanc/Probate Judge, First Judicial Dist. of Ark., West Helena, AR, for plaintiffs.
Phil W. Campbell, Paula Jamell Storeygard, Hilburn, Calhoon, Harper, Pruniski & Calhoun, Ltd., North Little Rock, AR, for Robert Nelson, James Wilburn, Christine Brownlee, James Walter Adams and Louise Evans.
Tim C. Humphries, Atty. General's Office, Frank J. Wills, III, B. Frank Mackey, Jr., P.A., Little Rock, AR, for W.J. McCuen, Arkansas Bd. of Appointment and Winston Bryant.
Field Kindley Wasson, Jr., Chief Legal Counsel, Office of the Governor, Frank J. Wills, III, Little Rock, AR, for Bill Clinton and Jim Guy Tucker.
Frank J. Wills, III, Little Rock, AR, for Steve Clark.
Before RICHARD S. ARNOLD, Chief Circuit Judge, EISELE, Senior District Judge, and HOWARD, District Judge.
United States District Court, E.D. Arkansas, E.D.
Dissenting Opinion of Senior District Judge Eisele November 15, 1993.
RICHARD S. ARNOLD, Chief Circuit Judge.
The defendants in this voting-rights case have moved for summary judgment, arguing that plaintiffs have not met an essential element of their case. They also argue that the plaintiffs previously settled the case with them and that this bars the plaintiffs' challenge to the redistricting plan. We reject...
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