Corder v. Kirksey
Corder v. Kirksey
Opinion of the Court
On November 16, 1978, we remanded this case, instructing the district court, in part, to make findings of fact, see Fed.R.Civ.P. 52(b), as to the constitutionality of the at-large method of electing the members of the Pickens County, Alabama, Commission. Corder v. Kirksey, 585 F.2d 708 (5th Cir. 1978). We instructed the district court to “apply the precepts set forth by this court sitting en banc in Zimmer v. McKeithen, 485 F.2d 1297 (5th Cir. 1973) (en banc), aff’d on other grounds sub nom. East Carroll Parish School Board v. Marshall, 424 U.S.
Accordingly, we remand the case once again to enable the district court to reexamine the evidence, and its findings, in the light of City of Mobile, Ala. v. Bolden, supra, and to entertain any application plaintiffs may care to make to present further evidence on their claim that the at-large method of electing the county commissioners is unconstitutional.
The district court shall accomplish the proceedings on remand within 30 days of receipt of the mandate, which shall issue forthwith. We continue to retain jurisdiction over the cause.
REMANDED.
Reference
- Full Case Name
- James H. CORDER and Harry W. Western on behalf of themselves and all other similarly situated v. Robert H. KIRKSEY, Individually and as Probate Judge of Pickens County
- Cited By
- 3 cases
- Status
- Published