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THERIOT v. PARISH OF JEFFERSON

No. 97-30729.

185 F.3d 477 (1999)

Dennis THERIOT; Ann Rodriguez; Ronald Perrin; Norman A. Ronquille; David J. Dowell; Iris C. Isenmann; Herman J. Carbo; Maplewood Civic Association, Inc., Plaintiffs-Appellants, v. PARISH OF JEFFERSON, State of Louisiana; T.J. Ward, also known as Butch; Donald Jones; Edmond Muniz; Nick Giambelluca, in his official capacity as member of the Parish Council, Parish of Jefferson, State of Louisiana; Tim Coulon, in his official capacity as President of Jefferson Parish; Aaron Broussard, in his official capacity as Chairman of the Jefferson Parish Council; Lloyd F. Giardina; John Lavarine, in his official capacity as member of the Jefferson Parish Council; Defendants-Appellees, United States of America; Department of Justice, Intervenor Defendants-Appellees, The Council of the City of Kenner; Terry McCarthy; Betty Bonura; Marc Johnson; Jeannie Black; John Lavarine, III; Michele Branigan; Phil Capitano, Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

August 17, 1999.

Attorney(s) appearing for the Case

Haywood H. Hillyer, III, Dominic N. Varrecchio, New Orleans, La, for Plaintiffs-Appellants.

Harry A. Rosenberg, Maria Nan Alessandra, Phelps Dunbar, New Orleans, LA, Thomas G. Wilkinson, Jefferson, LA, Kim Maria Boyle, Roy J. Rodney, Jr., Rodney, Bordenave, Boykin, Bennette & Boyle, New Orleans, LA, for Defendants-Appellees.

Rebecca K. Troth, U.S. Department of Justice, Mark L. Gross, U.S. Department of Justice, Civil Rights Division, Washington, DC, for U.S. and U.S. Dept. of Justice.

Michael James Laughlin, New Orleans, LA, for Intervenors-Appellees.

Before DAVIS, STEWART and PARKER, Circuit Judges.

CARL E. STEWART, Circuit Judge:

In this appeal, we must decide whether appellants were entitled to prevail at the bench trial on their claim that the Third Councilmanic District of the Parish of Jefferson is unconstitutional because it results from a racial gerrymander in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and of 42 U.S.C. § 1983.

I

A

The Parish of Jefferson ("Jefferson...

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