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N.A.A.C.P. v. CITY OF NIAGARA FALLS, N.Y.

No. 1552, Docket 94-9078.

65 F.3d 1002 (1995)

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., (NAACP) through its Niagara Falls, New York Branch, Renae Kimble, Political Action Chairperson, Bloneva Bond, Frederick L. Brown, Matthew J. Bushelon, William Feagins, Wayne Galloway, Brenda L. Hamilton, Jay Harris, Homer Hicks, Jr., Mary Johnson, Joseph Jones, Robert Laster, Sr., Clinton Palmer, Eddie L. Palmore, Terry Pressley, Jesse Sconiers, Ore Lean Simmons, Charles Towns, and Pauline Walker, Plaintiffs-Appellants, v. CITY OF NIAGARA FALLS, NEW YORK, a municipal corporation, Jacob Palillo, Mayor, Guy Tom Sottile, Barbara Geracitano, Andrew Walker, Henry Buchalski, Michael Gawel, Anthony Quaranto, John G. Accardo, members of the Niagara Falls City Council, and Elsie Paradise, City Clerk, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 11, 1995.

Attorney(s) appearing for the Case

Willie Abrams, Baltimore, MD (Dennis Courtland Hayes, Baltimore, MD; Sylvia M. Fordice, Buffalo, NY) for plaintiffs-appellants.

Patrick J. Berrigan, Niagara Falls, NY, for defendants-appellees.

Evan H. Krinick, Kenneth Novikoff, Rivkin, Radler & Kremer, Uniondale, NY, for amicus curiae, Town of Hempstead, New York.

Before: McLAUGHLIN, CABRANES, and PARKER, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

We consider here a challenge under Section 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973, to a municipality's at-large method of electing members to its governing body. In 1985, the City of Niagara Falls, New York ("City" or "Niagara Falls") approved by referendum the formation of a seven-member City Council, the members of which are elected at large. The first election under this system took place in the...

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