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WASHINGTON v. FINLAY

No. 80-1277.

664 F.2d 913 (1981)

Frank WASHINGTON, Alvin Hinkle, Gloria James, Rosa Bell Jones, Walter Storrs, Appellants, v. Kirkman FINLAY, Jr., individually and as Mayor of the City of Columbia, South Carolina; William C. Ouzts, Paul Z. Bennett, Rudolph C. Barnes, Jr., and T. Patton Adams, individually and as members of the City Council of Columbia, South Carolina; Mrs. John T. (Marcia) Duffy, individually and as chairman of the Municipal Election Commission of the City of Columbia, South Carolina; and Wilhelmina J. Hallman and John C. B. Smith, Jr., individually and as members of the Municipal Election Commission of the City of Columbia, South Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1981.

Rehearing and Rehearing Denied December 23, 1981.

Attorney(s) appearing for the Case

Laughlin McDonald, Atlanta, Ga. (Neil Bradley, Columbia, S. C., Christopher Coates, Atlanta, Ga., Herbert E. Buhl, III, John R. Harper, II, I. S. Leevy Johnson, Columbia, S. C., on brief), for appellants.

Danny C. Crowe, Columbia, S. C. (Roy D. Bates, Columbia, S. C., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and PHILLIPS and SPROUSE, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 23, 1981.

JAMES DICKSON PHILLIPS, Circuit Judge:

This is a vote dilution case in which the plaintiffs, asserting rights under the first, thirteenth, fourteenth and fifteenth amendments and 42 U.S.C. §§ 1971, 1973, and 1983, allege that the purpose and effect of the at-large election system for constituting the City Council in Columbia, South Carolina, is to dilute the voting rights of black citizens...

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