SMITH v. CLARK

No. CIV.A. 3:01-CV-855WS.

189 F.Supp.2d 548 (2002)

John Robert SMITH, Shirley Hall, and Gene Walker, Plaintiffs, v. Eric CLARK, Secretary of State of Mississippi; Mike Moore, Attorney General for the State of Mississippi; Ronnie Musgrove, Governor of Mississippi; Mississippi Republican Executive Committee; and Mississippi Democratic Executive Committee, Defendants. Beatrice Branch; Rims Barber; L.C. Dorsey; David Rule; James Woodard; Joseph P. Hudson; and Robert Norvel, Intervenors.

United States District Court, S.D. Mississippi, Jackson Division.

February 26, 2002.


Attorney(s) appearing for the Case

Arthur F. Jernigan, Jr., Watson & Jernigan, P.A., Jackson, MS, for John Robert Smith, Shirley Hall, Gene Walker.

T. Hunt Cole, Jr., Office of the Attorney General, Michael B. Wallace, Phelps Dunbar, John G. Jones, Jones & Funderburg, Herbert Lee, Jr., Lee & Associates, Robert B. McDuff, Robert B. McDuff, Attorney, Jackson, MI, for Eric Clark, Secretary of State of Mississippi, Mike Moore, Attorney General for the State of Mississippi, Ronnie Musgrove, Governor of Mississippi, the Mississippi Republican Party Executive Committee, Mississippi Democratic Party Executive Committee.

E. GRADY JOLLY, United States Circuit Judge, HENRY T. WINGATE, United States District Judge and DAVID C. BRAMLETTE, United States District Judge.


OPINION

E. GRADY JOLLY, Circuit Judge.

Today we have enjoined the defendants from implementing the congressional redistricting plan for the 2002 primary and general election that was adopted by the Hinds County, Mississippi chancery court. We have ordered the defendants to conduct said congressional elections based on this court's plan issued on February 4, 2002. The basis for this injunction and order is reflected in our opinion of February 19, that...

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