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United States Fifth Circuit

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Fairley v. Hattiesburg, 08-60942

In an action under the Voting Rights Act concerning the drawing of districts for municipal elections, judgment for defendants is affirmed where: 1) plaintiffs failed to present evidence constituting a redistricting plan that would have shown either the factual or legal possibility of creating a majority-minority district by dividing college dormitory students among the city's wards; and 2) the district court did not clearly err in its use of total voting age population in making its computations.

Appellate Information

  • Decided 09/30/2009
  • Published 09/30/2009

Judges

  • JERRY E. SMITH, Circuit Judge:, Before REAVLEY, SMITH and DENNIS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Ellis F. Turnage (argued), Turnage Law Office, Cleveland, MS, for Plaintiffs-Appellants.

  • For Appellees:
  • Jerry L. Mills (argued) and John Preston Scanlon (argued), Pyle, Mills, Dye & Pittman, Ridgeland, MS, for Defendant-Appellee.

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