MILLSAPS v. THOMPSON

No. 00-5256.

259 F.3d 535 (2001)

Martha L. Millsaps; Frank J. Conti, Rachel D. Conti, Plaintiffs-Appellants, v. Brook Thompson, in His Official Capacity As Tennessee Coordinator of Elections; Riley C. Darnell, in His Official Capacity As Secretary of State of Tennessee, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2001.


Attorney(s) appearing for the Case

ARGUED: M. Miller Baker, McDERMOTT, WILL & EMERY, Washington, D.C., for Appellants.

Michael W. Catalano, OFFICE OF THE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee.

ON BRIEF: M. Miller Baker, McDERMOTT, WILL & EMERY, Washington, D.C., Cameron S. Hill, BAKER, DONELSON, BEARMAN & CALDWELL, Chattanooga, Tennessee, Michael S. Nadel, James Michael Lehmann, CARR, GOODSON & WARNER, Washington, D.C., for Appellants.

Michael W. Catalano, OFFICE OF THE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee.

Before: RYAN and BATCHELDER, Circuit Judges; MATIA, District Judge.


Pursuant to Sixth Circuit Rule 206.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

Martha L. Millsaps, Frank J. Conti, and Rachel D. Conti, all of whom have previously voted in federal elections held in Tennessee and intend to do so again, brought suit under 42 U.S.C. § 1983 alleging that Tennessee's early voting system conflicts with federal statutes that establish the first Tuesday after the first Monday in November in even-numbered years as...

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