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HARVELL v. BLYTHEVILLE SCHOOL DIST. NO. 5

Nos. 97-1364, 97-1448.

126 F.3d 1038 (1997)

Shirley M. HARVELL; Emmanuel Lofton, Reverend; Hattie Middlebrook; Mary Alice Jones; Jacquelin Henton, Appellees, v. BLYTHEVILLE SCHOOL DISTRICT NO. 5, a Public Body Corporate; William Tomlinson, Individually and as Board Member; Norvell Moore, Individually and as Board Member; William Sullivan, Individually and as Board Member; Harold Sudbury, Jr., Individually and as Board Member; Helen Nunn, Dr., Individually and as Board Member; Karen Fraser, Individually and as Board Member; Steve Littrell, Individually and as Board Member; William Stovall, III, Individually and as Board Member; Blytheville School District No. 5, Board of Directors, also known as Bill Stovall; Frank Ladd, Dr., Individually and in his official capacity as Superintendent of Blytheville School District No. 5, Appellants. Shirley M. HARVELL; Emmanuel Lofton, Reverend; Hattie Middlebrook; Mary Alice Jones; Jacquelin Henton, Appellants, v. BLYTHEVILLE SCHOOL DISTRICT NO. 5, a Public Body Corporate; William Tomlinson, Individually and as Board Member; Norvell Moore, Individually and as Board Member; William Sullivan, Individually and as Board Member; Harold Sudbury, Jr., Individually and as Board Member; Helen Nunn, Dr., Individually and as Board Member; Karen Fraser, Individually and as Board Member; Steve Littrell, Individually and as Board Member; William Stovall, III, also known as Bill Stovall, Individually and as Board Member; Blytheville School District No. 5, Board of Directors; Frank Ladd, Dr., Individually and in his official capacity as Superintendent of Blytheville School District No. 5, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 25, 1997.

Attorney(s) appearing for the Case

John Clayburn Fendley, Jr., Little Rock, AR, argued, for Appellants.

Mark Burnette, Little Rock, AR, argued (John W. Walker, on the brief), for Appellees.

Before RICHARD S. ARNOLD, Chief Judge, HENLEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

WOLLMAN, Circuit Judge.

In Harvell v. Blytheville School District # 5, 71 F.3d 1382 (8th Cir.1995) (en banc), cert. denied, ___ U.S. ___, 116 S.Ct. 1876, 135 L.Ed.2d 172 (1996), we held that the plaintiffs had proved that the at-large majority-vote electoral scheme implemented in 1987 for the Blytheville school board violated Section 2 of the Voting Rights Act, 42 U.S.C. § 1973 (the Act). We remanded the case to...

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