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U.S. v. BLAINE COUNTY, MONTANA

No. 02-35691.

363 F.3d 897 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. BLAINE COUNTY, MONTANA; Don K. Swenson, in his official capacity as a member of the Blaine County Board of Commissioners; Arthur Kleinjan, in his official capacity as a member of the Blaine County Board of Commissioners; Victor J. Miller, in his official capacity as a member of the Blaine County Board of Commissioners; Sandra Boardman, in her official capacity as Clerk and Recorder and Superintendent of Elections for Blaine County, Montana, Defendants-Appellants, v. Joseph F. McConnell; Franklin R. Perez; Candace D. De Celles; Cheryl Sears; Wesley D. Cochran; Linda M. Buck; Donald L. Knife; Daniel Kinsey; Fort Belknap Community Council, Plaintiff-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2004.

Attorney(s) appearing for the Case

J. Scott Detamore, Lakewood, Colorado, for the appellants.

Lisa Wilson Edwards, United States Department of Justice, Washington, D.C., for the appellee.

Before: WARDLAW, GOULD, and PAEZ, Circuit Judges.

PAEZ, Circuit Judge:

Section 2 of the Voting Rights Act prohibits any voting procedure that results in a denial of the right to vote. 42 U.S.C. § 1973. The United States brought this section 2 action against Blaine County alleging that the County's at-large voting system for electing members to the County Commission prevents American Indians from participating equally in the County's political process. The district court...

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