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STATEWIDE REAPPORTIONMENT ADV. COMM. v. BEASLEY

Nos. 96-1086, 96-1099.

99 F.3d 134 (1996)

STATEWIDE REAPPORTIONMENT ADVISORY COMMITTEE; William Gibson, Doctor; Frederick Calhoun James, Bishop; Herbert Williams, Reverend; Willie B. Owens; South Carolina Conference of the NAACP Branches, Plaintiffs-Appellants, v. David M. BEASLEY, in his official capacity as Governor of South Carolina; David H. Wilkins, in his official capacity as Speaker of the South Carolina House of Representatives, Defendants-Appellees, The South Carolina Senate, Intervenor. Michael G. BURTON, as Executive Director on Behalf of the REPUBLICAN PARTY; William P. Collins, III; Earl Copeland; William Patrick Flack; Frank E. Gibson, III; Nancy D. Hawk; Gus Roberts, Plaintiffs-Appellants, v. David M. BEASLEY, in his official capacity as Governor of South Carolina; David H. Wilkins, in his official capacity as Speaker of the South Carolina House of Representatives, Defendants-Appellees, The South Carolina Senate, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided October 30, 1996.

Attorney(s) appearing for the Case

ARGUED: Moffatt Laughlin McDonald, American Civil Liberties Union Foundation, Inc., Atlanta, GA; Thomas Rush Gottshall, Sinkler & Boyd, P.A., Columbia, SC, for Appellants. Kenneth Paul Woodington, Senior Assistant Attorney, General, Columbia, South Carolina, for Appellees. Fred Thompson, III, STOKES & THOMPSON, Charleston, SC, for Intervenor. ON BRIEF: Dennis Courtland Hayes, Willie Abrams, NAACP Special Contribution Fund, Baltimore, MD; John Roy Harper, II, Columbia, SC, for Appellants. Charles Molony Condon, Attorney General, Treva G. Ashworth, Deputy Attorney General, Columbia, SC, for Appellee Wilkins; Charles E. Carpenter, Jr., Frederick A. Crawford, Deborah M. Sheffield, Richardson, Plowden, Grier & Howser, P.A., Columbia, SC, for Appellee Beasley. Mark Packman, Dickstein, Shapiro & Morin, Washington, DC; Gedney Howe, III, Charleston, SC, for Intervenor.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published PER CURIAM opinion. Judge NIEMEYER and Judge MOTZ wrote concurring opinions.

OPINION

PER CURIAM:

The Statewide Reapportionment Advisory Committee and the South Carolina Republican Party appeal the denial of attorney's fees in this action brought pursuant to the Voting Rights Act. We affirm.

I.

In 1990, census figures indicated that congressional districts and state legislative districts were apportioned unconstitutionally...

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