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N.A.A.C.P. v. FORDICE

No. 99-60505.

252 F.3d 361 (2001)

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, Etc.; et al., Plaintiffs, Elijah Wilson; Robert Leflore, Plaintiffs-Appellants, v. Kirk Fordice, Etc; et al., Defendants, Kirk Fordice, Governor of the State of Mississippi, In His Official Capacity and as Member of the State of Mississippi State Board of Election Commissioners; Mike Moore, Attorney General of the State of Mississippi, In His Official Capacity and as Member of the State of Mississippi State Board of Election Commissioners; Dick Molpus, Secretary of State of the State of Mississippi, In His Official Capacity and as Member of the State of Mississippi State Board of Election Commissioners; The State of Mississippi State Board of Election Commissioners; Mississippi Democratic Party Executive Committee, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 17, 2001.

Attorney(s) appearing for the Case

Ellis F. Turnage (argued), Cleveland, MS, for Plaintiffs-Appellants.

Tom Hunt Cole, Jr. (argued), Jackson, MS, for Defendants-Appellees.

Before GARWOOD, HIGGINBOTHAM and CARL E. STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The issues before us today are whether the district court erred in finding that the Plaintiffs-Appellants met their burden of proof under the first necessary precondition of a Section 2 Voting Rights claim, and whether the district court erred in ultimately denying their claim under its totality of the circumstances inquiry. For the following reasons, we affirm the district court's decision.

FACTUAL AND PROCEDURAL HISTORY<...

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