WHITE v. STATE OF ALA.

Civil Action No. 94-T-94-N.

922 F.Supp. 552 (1996)

Hoover WHITE, et al., Plaintiffs, Ralph E. Bradford, etc., Plaintiff-Intervenor, Mark G. Montiel, et al., Plaintiff-Intervenors, v. The STATE OF ALABAMA; and James Bennett in his official capacity as Secretary of State for the State of Alabama, Defendants, Christopher Boehm, Defendant-Intervenor, United States of America, Amicus Curiae.

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

April 15, 1996.


Attorney(s) appearing for the Case

Terry G. Davis, Terry G. Davis, P.C., Montgomery, AL, Solomon S. Seay, Jr., Montgomery, AL, Samuel H. Heldman, Joe R. Whatley, Jr., Cooper, Mitch, Crawford, Kuydendall & Whatley, Birmingham, AL, for Hoover White, John A. Dillard, and Glenn Moody.

Algert S. Agricola, Jr., Wallace, Jordan, Ratliff & Brandt, L.L.C., Montgomery, AL, for Ralph E. Bradford, Sr.

James McGowin Williamson, Williamson & Williamson, Greenville, AL, for Christopher Boehm.

Albert L. Jordan, Wallace, Jordan, Ratliff & Brandt, L.L.C., Birmingham, AL, for Johnny Curry, Jack Williams, and Mark G. Montiel.

William H. Pryor, Jr., Jeff Sessions, Attorney General, Office of the Attorney General, Montgomery, AL, for State of Alabama and James Bennett.

Kenneth E. Vines, Redding Pitt, U.S. Attorney, U.S. Attorney's Office, Montgomery, AL, Robert A. Kengle, Susan Barbosa Fisch, United States Department of Justice, Civil Rights Division, Washington, DC, Deval L. Patrick, United States Department of Justice, Civil Rights Division, Special Litigation Section, Washington, DC, for the U.S.

Before DUBINA, Circuit Judge, THOMPSON, Chief District Judge, and DEMENT, District Judge.


ORDER

MYRON H. THOMPSON, Chief Judge:

This three-judge court has before it claims that the State of Alabama expanded the size of its Appellate Courts in violation of § 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C.A. § 1973c. We also have before us a motion to dismiss filed by the defendants, the State of Alabama and its Secretary of State, contending that the § 5 claims are moot...

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