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WESCH v. FOLSOM

No. 93-6607.

6 F.3d 1465 (1993)

Paul Charles WESCH, Plaintiff-Appellee, Michael Figures; Charles Steele; Garria Spencer, Intervenors-Plaintiffs-Appellants, Darryl Sinkfield; Quinton Ross; Bernest Brooks; Rubin McKinnon; Andrew Hayden, Intervenors-Plaintiffs-Appellants, v. James E. FOLSOM, Jr., Governor, State of Alabama; James H. Evans, Attorney General; Jim Bennett, Secretary of State; Lionel W. Noonan, Probate Judge; Harry D'Olive, Probate Judge; Devon Wiggins, Probate Judge; Otha Lee Biggs, Probate Judge; Jerry Bogan, Probate Judge; Clarence Watters, Probate Judge; Tom W. Turner, Probate Judge, all sued in their official or representative capacities only, Defendants, Alabama Democratic Party, Movant.

United States Court of Appeals, Eleventh Circuit.

October 27, 1993.

Attorney(s) appearing for the Case

Gregory B. Stein, Mobile, AL, for D. Sinkfield, et al.

J.L. Chestnut, Jr., Selma, AL, for M. Figures, et al.

Armand Derfner, Charleston, SC, for Sinkfield, et al.

Mortimer P. Ames, Robert Marcus Givhan, Courtney W. Tarver-Office of the Atty. Gen. of Alabama, Governor James Folsom and Karen Neal Herrod, Montgomery, AL, for defendant Jim Bennett.

Ferrell S. Anders and David A. Boyett, III, Hamilton, Butler, Riddick, Tarlton & Sullivan, P.C., Mobile, AL, for Paul Charles Wesch.

Before ANDERSON and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.

DUBINA, Circuit Judge:

Appellants, Darryl Sinkfield, et al. ("Sinkfield"), representatives of a class consisting of all African-American citizens of Alabama, appeal the district court's judgment enjoining them from proceeding with congressional redistricting claims filed in the Circuit Court of Montgomery County, Alabama. We affirm.

I. PROCEDURAL HISTORY

This litigation began on September 23, 1991, when Appellee Paul C. Wesch ("Wesch") brought suit...

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