DILLARD v. CITY OF GREENSBORO

No. 94-7089.

74 F.3d 230 (1996)

John DILLARD, Damascus Crittenden, Jr., Earwen Ferrell, Clarence J. Jarrells, Ullysses McBride, Louis Hall, Jr., Plaintiffs-Appellees, Bobby Singleton, Teresa Burroughs, J.S. Thomas, Mamie Kennedy, Intervenors-Plaintiffs-Appellees, v. CITY OF GREENSBORO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Corrected January 24, 1996.


Attorney(s) appearing for the Case

Richard H. Gill, Copeland, Franco, Screws & Gill, Montgomery, AL, for appellant.

James U. Blacksher, Birmingham, AL, for appellee.

Before BIRCH, Circuit Judge, and CLARK and WEIS, Senior Circuit Judges.


BIRCH, Circuit Judge:

This case presents our circuit's first opportunity to reexamine the drawing of voting districts following the Supreme Court's decision in Miller v. Johnson, ___ U.S. ___, 115 S.Ct. 2475, 132 L.Ed.2d 762 (1995). Because the district court did not have the benefit of Miller when it adopted the challenged redistricting plan, we remand the case to allow the district court to reevaluate the plan under Miller.

I. BACKGROUND...

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