BOARD OF COUNTY COMMISSIONERS OF SHELBY COUNTY, TENNESSEE, et al., Plaintiffs-Appellees,
Shelby County Board of Education; Herman Cox, et al., Intervenor Plaintiffs-Appellees,
v.
Charles W. BURSON, Attorney General & Reporter of Tennessee, Riley C. Darnell, Secretary of State of Tennessee; Brook Thompson, Election Coordinator of the State of Tennessee; and the Shelby County Election Commission, including O.C. Pleasant, Jr., Chair, David Lillard, Secretary, Gregory Duckett, Member, Anthony King, Member, and Myra Stiles, Member, Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued April 29, 1997.
Decided July 29, 1997.
Attorney(s) appearing for the Case
Brian L. Kuhn (briefed), Farris, Mathews, Gilman, Branan & Hellen, John L. Ryder (argued and briefed), Apperson, Crump, Duzane & Maxwell, Donnie E. Wilson (briefed), Shelby County Attorney's Office, Memphis, TN, for Board of County Commissioners of Shelby County, Tennessee, County of Shelby.
Richard L. Winchester, Jr. (argued and briefed), R. Lee Winchester (briefed), The Winchester Law Firm, for Shelby County Board of Education, Rubye Dobbins, Tom Brooks, Homer Bunker, Dennis F. Fields, Cheryl Hall, Karen Hill, Carolyn Bobo.
Lewis R. Donelson, III (argued and briefed), Baker, Donelson, Bearman & Caldwell, Robert M. Glover, Memphis, TN, for Herman Cox, Gene Fletcher, Bobby Flaherty, Sharon Goldsworthy, George Harvell, Jr., George Horton.
Clifford D. Pierce, Jr. (argued), Wyatt, Tarrant & Combs, Memphis, TN, for Amici Curiae.
Michael W. Catalano, Deputy Attorney Gen., Office of the Attorney General, General Civil Division, Rachel L. Steele, Asst. Atty. General (argued and briefed), Office of the Attorney General of Tennessee, Michael E. Moore, Office of the Attorney General, Nashville, TN, for Defendants-Appellants.
Before: NELSON and NORRIS, Circuit Judges; COHN, District Judge.
United States Court of Appeals, Sixth Circuit.
ALAN E. NORRIS, Circuit Judge.
Defendants appeal from the judgment of the district court holding that the election provisions of Tennessee's Education Improvement Act ("EIA"), as applied in Shelby County, Tennessee, violate plaintiffs' rights under the Fourteenth Amendment to the United States Constitution. This court has recently resolved a similar challenge to the EIA's election provisions in Duncan v. Coffee County,69 F.3d 88<...
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