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HALL v. VIRGINIA

No. 03-2113.

385 F.3d 421 (2004)

Joan HALL; Richard Pruitt; Thomasina Pruitt; Vivian Curry; Eunice Mcmillan; James Speller; Robbie Garnes; Leslie Speight, Plaintiffs-Appellants, and Elijah Sharpe, Plaintiff, v. Commonwealth of VIRGINIA; Jean Jensen, Secretary, State Board of Elections, in her official capacity; Jerry W. Kilgore, in his official capacity as Attorney General of the Commonwealth of Virginia; GARY Thompson; Charles Brown; James Brown; James Alfred Carey; Evelyn Chandler; Clifton E. Hayes, Jr.; Quentin E. Hicks; Irene Hurst; Wayne Osmore, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Argued: May 4, 2004.

Decided: September 22, 2004.

Attorney(s) appearing for the Case

ARGUED: J. Gerald Hebert, Alexandria, Virginia, for Appellants. Michael A. Carvin, Jones Day, Washington, D.C.; Edward Meade Macon, Senior Assistant Attorney General, Office Of The Attorney General Of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Donald L. Morgan, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C.; Anita S. Earls, Unccenter For Civil Rights, Chapel Hill, North Carolina, for Appellants. Jerry W. Kilgore, Attorney General of Virginia, Judith Williams Jagdmann, Deputy Attorney General, James C. Stuchell, Assistant Attorney General, Richmond, Virginia; Louis K. Fisher, Shay Dvoretzky, Cody R. Smith, Jones Day, Washington, D.C., for Appellees.

Before NIEMEYER, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Niemeyer and Judge Shedd joined.

OPINION

DUNCAN, Circuit Judge:

At issue in this lawsuit under Section 2 of the Voting Rights Act of 1965, 79 Stat. 439 (codified as amended at 42 U.S.C. § 1973 (2003)), is whether minority plaintiffs, who are not sufficiently numerous to form a voting majority in any single-member district in the Commonwealth of Virginia, may nevertheless...

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