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CLEVELAND CTY. ASS'N v. CLEVELAND BD. OF COM'RS

No. 97-7097.

142 F.3d 468 (1998)

CLEVELAND COUNTY ASSOCIATION FOR GOVERNMENT BY THE PEOPLE, An Unincorporated Association, et al., Appellants, v. CLEVELAND COUNTY BOARD OF COMMISSIONERS, et al., Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 1998.

Attorney(s) appearing for the Case

Robinson O. Everett, Washington, DC, and Neil C. Williams, III argued the cause and filed the briefs for appellants.

Kevin J. Lanigan, Washington, DC, argued the cause for appellee National Association for the Advancement of Colored People, with whom Sarah L. Kinnick, Denver, CO, was on the brief.

Michael Crowell, Raleigh, NC, argued the cause for appellee Cleveland County Board of Commissioners, with whom E. Hardy Lewis, Raleigh, NC, was on the brief.

Bill Lann Lee, Acting Assistant Attorney General, United States Department of Justice, Mark L. Gross, and Michelle M. Aronowitz, Washington, DC, Attorneys, were on the brief for amicus curiae United States.

Harvey L. Pitt and Douglas W. Baruch, Washington, DC, were on the brief for amicus curiae Harvey L. Pitt.

Before: EDWARDS, Chief Judge, WALD and GINSBURG, Circuit Judges.

PER CURIAM:

As part of the settlement of a suit brought by the National Association for the Advancement of Colored People ("the NAACP") that challenged the method of voting for members of the Board of Commissioners of Cleveland County, North Carolina ("the Board"), the Board agreed to adopt a plan that increased its size from five to seven members and provided that voters would be permitted to cast only four votes for the seven positions. The settlement further provided...

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