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WHITE v. STATE OF ALA.

Civ. A. No. 94-T-094-N.

851 F.Supp. 427 (1994)

Hoover WHITE, et al., Plaintiffs, v. The STATE OF ALABAMA; James Bennett in his official capacity as Secretary of State for the State of Alabama, Defendants, United States of America, Amicus Curiae.

United States District Court, M.D. Alabama, Northern Division.

May 11, 1994.

Attorney(s) appearing for the Case

Terry G. Davis, Terry G. Davis, P.C.; Solomon S. Seay, Jr., Montgomery, AL, and Samuel H. Heldman, and Joe R. Whatley, Jr., Cooper, Mitch, Crawford, Kuydendall & Whatley, Birmingham, AL, for plaintiffs.

Algert S. Agricola, Jr., Montgomery, AL, for intervenor-plaintiff.

Robert Marc Givhan, Asst. Atty. Gen.; Donald V. Watkins, Donald V. Watkins, P.C., Montgomery, AL, and Jonathan C. Rose, Jones, Day, Reavis & Pogue, Washington, DC, for defendants.

Steven H. Rosenbaum, James P. Turner, U.S. Dept. of Justice, Civ. Rights Div., Voting Section, Mark A. Posner, and Matthew G. Olsen, U.S. Dept. of Justice, Civ. Rights Div., Washington, DC, for amicus.

Before DUBINA, Circuit Judge, THOMPSON, Chief District Judge, and DE MENT, District Judge.

MEMORANDUM OPINION

DUBINA, Circuit Judge:

I. BACKGROUND

This three-judge court was convened in accordance with Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c, for the purpose of deciding a lawsuit that challenges the method of electing appellate judges in the State of Alabama. The plaintiffs — a class of African-American resident citizens and electors of the State of Alabama — filed suit alleging that the...

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