WHITE v. STATE OF ALA.

Nos. 94-7024, 94-7081.

74 F.3d 1058 (1996)

Hoover WHITE, for himself and on behalf of all other persons similarly situated; John A. Dillard, for himself and on behalf of all other persons similarly situated; Glenn Moody, for himself and on behalf of all other persons similarly situated, Plaintiffs-Appellees, Ralph E. Bradford, Sr., Intervenor-Plaintiff-Appellant, Christopher Boehm; John Curry; Jack Williams; Mark G. Montiel, Intervenors-Plaintiffs, v. The STATE OF ALABAMA; James Bennett, in his official capacity as Secretary of State for the State of Alabama, Defendants-Appellees. Hoover WHITE, for himself and on behalf of all other persons similarly situated; John A. Dillard, for himself and on behalf of all other persons similarly situated; Glenn Moody, for himself and on behalf of all other persons similarly situated, Plaintiffs-Appellees, Ralph E. Bradford, Sr., Christopher Boehm, Intervenors-Plaintiffs, Johnny Curry; Jack Williams; Mark G. Montiel, Intervenors-Plaintiffs-Appellants, v. The STATE OF ALABAMA, James Bennett, in his official capacity as Secretary of State for the State of Alabama, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 24, 1996.


Attorney(s) appearing for the Case

Algert S. Agricola, Jr., Algert S. Agricola, Jr., P.C., Montgomery, AL, for appellant.

Albert L. Jordan, Wallace, Jordan, Ratliff, Byers & Brandt, Birmingham, AL, for Montiel, Curry and Williams.

Solomon S. Seqy, Jr., Montgomery, AL, for appellees.

Terry G. Davis, Montgomery, AL, for White, Dillard and Moody.

Joe R. Whatley, Jr., Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, AL, for White.

Donald V. Watkins, Montgomery, AL, for State of Alabama.

Kenneth L. Thomas, Mark Englehart, Thomas, Means & Gillis, P.C., Montgomery, AL, for State of Alabama and Bennett.

Sam Heldman, Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, AL, for White, Dillard, Moody.

William H. Pryor, Jr., Deputy Attorney General, Office of Attorney General, Montgomery, AL, for State of Alabama and Bennett.

Samuel R. Bagenstos, Steven H. Rosenbaum, U.S. Dept. of Justice, Appellate Section — Civil Rights Div., Washington, DC, for U.S. as amicus curiae.

James McGowin Williamson, Greenville, AL, for CB.

Before TJOFLAT, Chief Judge, BLACK, Circuit Judge, and GOODWIN, Senior Circuit Judge.


TJOFLAT, Chief Judge:

The members of Alabama's appellate courts — the Supreme Court, the Court of Criminal Appeals, and the Court of Civil Appeals1 — are elected to office in at-large partisan elections.2 In this case, Hoover White, a black voter and representative of a class of all black voters in Alabama,3 contends that this at-large election scheme dilutes the voting...

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