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STEWART v. WALLER

Civ. A. No. EC 73-42-S.

404 F.Supp. 206 (1975)

Mrs. Rosa STEWART et al., Plaintiffs, v. United States of America, Plaintiff-Intervenor, v. William L. WALLER, as Governor of the State of Mississippi, et al., Defendants.

United States District Court, N. D. Mississippi.

As Amended October 21, 1975.

Attorney(s) appearing for the Case

Herman Wilson, Jackson, Miss., Homer E. Moyer, Jr., Charles A. Miller, Washington, D. C., for plaintiffs.

Sidney Bixler, Dept. of Justice, Washington, D. C., H. M. Ray, U. S. Atty., Oxford, Miss., for plaintiff-intervenor.

William Allain, Asst. Atty. Gen., Heber Ladner, Jr., Jackson, Miss., Edward F. McDowell, Starkville, Miss., Robert T. Mills, Moss Point, Miss., Charles G. Perkins, Macon, Miss., Thomas J. Tubb, West Point, Miss., for defendants.

Before CLARK, Circuit Judge, and KEADY and SMITH, District Judges.

PER CURIAM:

This action is brought by eight black citizens and registered voters residing in four Mississippi municipalities on behalf of themselves and all black citizens and black municipal registered voters similarly situated to declare unconstitutional and enjoin the enforcement of Miss.Code Ann. § 21-3-7 (1972), a statute which plaintiffs assert requires at-large election of aldermen, councilmen or selectmen in all Mississippi municipalities operating under...

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