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SMITH v. LOMAX

No. 93-8062.

45 F.3d 402 (1995)

Alice H. SMITH, Plaintiff-Appellee, v. Michael LOMAX, Individually and in his Official Capacity as Chairman of the Fulton County Board of Commissioners; and Michael Hightower, Individually and in his Official Capacity as Commissioner of Fulton County, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 22, 1995.

Attorney(s) appearing for the Case

Susan Barker Forsling, Paula A. Morgan, Susan M. Hartwig, Viviane M. Haight, Office of Fulton County Atty., Atlanta, GA, for appellants.

Allan Leroy Parks, Jr., Theresa L. Kitay, Harlan Stuart Miller, III, Kirwan Goger Chesin & Parks, Atlanta, GA, for appellee.

Before TJOFLAT, Chief Judge, KRAVITCH, Circuit Judge, and CLARK, Senior Circuit Judge.

TJOFLAT, Chief Judge:

I.

On October 25, 1989, at the conclusion of her six-year term, the Board of Commissioners of Fulton County, Georgia voted to replace its white female clerk, Alice Smith, with an African-American female, Avarita Hanson.1 Two African-American members of the Board, Chairman Michael Lomax and Commissioner Michael Hightower, who cast the deciding votes, voted not to reappoint Smith and to appoint Hanson allegedly...

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