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SHAW v. HUNT

No. 97-1697.

154 F.3d 161 (1998)

Ruth O. SHAW; Melvin G. Shimm; Robinson O. Everett; James M. Everett; Dorothy G. Bullock, Plaintiffs, James Arthur Pope, a/k/a "Art"; Betty S. Justice; Doris Lail; Joyce Lawing; Nat Swanson; Rick Woodruff; J. Ralph Hixson; Audrey Mcbane; Sim A. Delapp, Jr.; Richard S. Sahlie; Howard B. Smith; H.M. Tyler, a/k/a "Ted"; Ferrell L. Blount, III; H. Howard Danieley; Anthony G. Posey; Rachel Nancy Rumley, Intervenors-Appellants, v. Governor James B. HUNT, in his official capacity as Governor of the State of North Carolina; Dennis A. Wicker, in his official capacity as Lieutenant Governor of the State of North Carolina and President of the Senate; Harold J. Brubaker, in his official capacity as the Speaker of the North Carolina House of Representatives; Elaine F. Marshall, in her official capacity as Secretary of the State of North Carolina; North Carolina State Board of Elections; Edward J. High, in his official capacity as Chairman of the North Carolina State Board of Elections; Jean H. Nelson, in her official capacity as a member of the North Carolina State Board of Elections; Larry Leake, in his official capacity as a member of the North Carolina State Board of Elections; Dorothy Presser, in her official capacity as a member of the North Carolina State Board of Elections; June K. Youngblood, in her official capacity as a member of the North Carolina State Board of Elections, Defendants-Appellees, and Ralph Gingles; Virginia Newell; George Simkins; N.A. Smith; Ron Leeper; Alfred Smallwood; Oscar Blanks; David Moore; Robert L. Davis; C.R. Ward; Jerry B. Adams; Jan Valder; Bernard Offerman; Jennifer McGovern; Charles Lambeth; Ellen Emerson; Lavonia Allison; George Knight; Leto Copeley; Woody Connette; Roberta Waddle; William R. Hodges, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 19, 1998.

Attorney(s) appearing for the Case

ARGUED: James Columcille Dever, III, Maupin, Taylor & Ellis, P.A., Raleigh, North Carolina, for Appellants. Edwin Marion Spears, Jr., Senior Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Thomas F. Ellis, Thomas A. Farr, Maupin, Taylor & Ellis, P.A., Raleigh, North Carolina, for Appellants. Michael F. Easley, North Carolina Attorney General, Tiare B. Smiley, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Before LUTTIG, Circuit Judge, CAMPBELL, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, sitting by designation, and TRAXLER, United States District Judge for the District of South Carolina, sitting by designation.

Reversed and remanded by published opinion. Senior Judge CAMPBELL wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.

OPINION

CAMPBELL, Senior Circuit Judge:

This appeal arises from the denial by a majority of a three-judge district court of attorney's fees to plaintiff-intervenors, some of whom had actively participated in litigation successfully challenging the constitutionality of North Carolina's 1992 congressional redistricting...

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