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COUSIN v. SUNDQUIST

No. 96-6028.

145 F.3d 818 (1998)

Maxine B. COUSIN, et al., Plaintiffs-Appellees, v. Don SUNDQUIST; State Election Commission; Brook Thompson; Hamilton County Election Commission; Carolyn Jackson, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1998.

Rehearing and Suggestion for Rehearing Denied July 10, 1998.

Attorney(s) appearing for the Case

Michael W. Catalano, Deputy Attorney General (argued and briefed), Office of the Attorney General, General Civil Division, Nashville, TN, for Defendants-Appellants.

Laughlin McDonald (argued and briefed), American Civil Liberties Union Foundation, Atlanta, GA, Richard H. Dinkins (briefed), Williams & Dinkins, Nashville, TN, Myron Bernard McClary, Chattanooga, TN, Margaret Carey, Center for Constitutional Rights, Greenville, MS, for Plaintiffs-Appellees.

Edward Still (briefed), Lawyers' Committee for Civil Rights Under Law, Washington, DC, for Amicus Curiae Center for Voting and Democracy.

Before: WELLFORD, NORRIS, and BATCHELDER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 10, 1998.

OPINION

WELLFORD, Circuit Judge.

The defendants appeal the district court's finding that the conduct of judicial elections for positions on the Circuit Court, Criminal Court, Chancery Court, and General Sessions Court in Hamilton County, Tennessee, violates Section 2 of the Voting Rights Act. See 42 U.S.C. § 1973(b) (1994) (hereinafter "Section 2"). Specifically, the...

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