McMillan v. Escambia County, Florida

Full title: HENRY T. McMILLAN ET AL., PLAINTIFFS-APPELLEES, v. ESCAMBIA COUNTY…

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 19, 1981

638 F.2d 1249 (5th Cir. 1981)

Opinion

No. 80-5011.

February 19, 1981.

Richard I. Lott, County Atty., Ray, Patterson Kievit, P.A., Pensacola, Fla., Rhyne Rhyne, William S. Rhyne and Charles S. Rhyne, Washington, D.C., for defendants-appellants.

Blacksher, Menefee Stein, P.A., J.U. Blacksher, Mobile, Ala., Kent Spriggs, Tallahassee, Fla., Jack Greenberg, New York City, Edward Still, Birmingham, Ala., for plaintiffs-appellees.

Appeals from the United States District Court for the Northern District of Florida; Winston E. Arnow, Chief Judge.

Before COLEMAN, PECK^_ and KRAVITCH, Circuit Judges.

_ Senior Circuit Judge of the Sixth Circuit, sitting by designation.

KRAVITCH, Circuit Judge:

This is an appeal from the remedy ordered by the district court to correct the found unconstitutionality of the system for electing county commissioners. Because we held today in No. 78-3507, 638 F.2d 1239, that the at-large system for electing county commissioners is not unconstitutional, the order appealed from is hereby VACATED.