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STABLER v. COUNTY OF THURSTON

Nos. 96-2964, 96-3111.

129 F.3d 1015 (1997)

Hollis D. STABLER, Jr.; Sharon Freemont; Omaha Tribal Historical Project, Inc.; Red Feather Family Services, Inc., Plaintiffs-Appellees, v. COUNTY OF THURSTON, NEBRASKA; Mark Casey, in his official capacity as Chair of the Board of Supervisors of Thurston County, Nebraska, Defendants-Appellants. Thurston County School District 13, Thurston County, Nebraska; Village of Walthill, Nebraska; Steve Dunn, in his official capacity as Chair of the Village of Walthill Board of Trustees; Patricia Higgins, in her official capacity as County Clerk of Thurston County, Nebraska; Keith Mahaney, in his official capacity as President of Thurston County School District 13, Defendants. Hollis D. STABLER, Jr.; Sharon Freemont; Omaha Tribal Historical Project, Inc.; Red Feather Family Services, Inc., Plaintiffs-Appellants, v. COUNTY OF THURSTON, NEBRASKA; Mark Casey, in his official capacity as Chair of the Board of Supervisors of Thurston County, Nebraska, Thurston County School District 13, Thurston County, Nebraska; Village of Walthill, Nebraska; Steve Dunn, in his official capacity as Chair of the Village of Walthill Board of Trustees; Patricia Higgins, in her official capacity as County Clerk of Thurston County, Nebraska; Keith Mahaney, in his official capacity as President of Thurston County School District 13, Defendant — Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1997.

Attorney(s) appearing for the Case

Neal E. Stenberg, Lincoln, NE, argued, for appellant.

Neal Bradley, Atlanta, GA, argued (Lauglin McDonald, Maha Zaki, Christina Correia, Mary Wyckoff, on the brief), for appellee.

Before McMILLIAN, ROSS and FAGG, Circuit Judges.

McMILLIAN, Circuit Judge.

Defendant County of Thurston, Nebraska (Thurston County), appeals from a final order entered in the United States District Court1 for the District of Nebraska holding that the districting plan for the election of the Thurston County Board of Supervisors (the County Board) violates section 2 of the Voting Rights Act of 1965(§ 2), as amended, 42 U.S.C. § 1973, and ordering Thurston County to create a third...

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