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DALY v. HUNT

No. 95-1933.

93 F.3d 1212 (1996)

Jack W. DALY; Vynone D. Williams; Kerry P. Humphrey; Aileen B. Lockhart; Mark E. Courtney; James W. Lewis, Plaintiffs-Appellees, v. James B. HUNT, Jr., as Governor of the State of North Carolina; Dennis A. Wicker, as President of the North Carolina State Senate and as Lieutenant Governor; Harold J. Brubaker, as Speaker of the North Carolina House of Representatives; Mecklenburg County Board of Elections, an agency of the State of North Carolina and the individual members of the Mecklenburg County Board of Elections; Isaac Heard, Jr.; William M. Miller; William R. Miller, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 27, 1996.

Attorney(s) appearing for the Case

ARGUED: Tiare Bowe Smiley, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Nathanael Kevin Pendley, The Pendley Law Offices, Winston-Salem, North Carolina, for Appellees. ON BRIEF: Michael F. Easley, Attorney General of North Carolina, Charles M. Hensey, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina; James O. Cobb, Ruff, Bond, Cobb, Wade & McNair, Charlotte, North Carolina, for Appellants.

Before LUTTIG, Circuit Judge, CHAPMAN, Senior Circuit Judge, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Senior Judge CHAPMAN wrote the opinion, in which Judge LUTTIG and Senior Judge CLARKE concurred.

OPINION

CHAPMAN, Senior Judge:

This action involves a challenge to the apportionment1 of the electoral districts for the Board of Commissioners and Board of Education of Mecklenburg County, North Carolina. Plaintiffs-Appellees claim that the voting districts at issue violate the constitutional...

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