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acknowledging that the Third, Fifth, and Tenth Circuits have found it to be "unusual" or "rare" if a plaintiff can establish the Gingles preconditions, but fail to establish a Section 2 violation on the totality of the circumstances (quoting Jenkins v. Red Clay Consol. Sch. Dist. Bd. of Educ., 4 F.3d 1103, 1135 (3d Cir. 1993)); Sanchez v. Colorado, 97 F.3d 1303, 1322 (10th Cir. 1996)
Summary of this case from Alpha Phi Alpha Fraternity, Inc. v. RaffenspergerOpinion
No. 97-2540.
DECIDED: March 14, 2000.
David M. Lipman, Miami, FL, Robert E. Weisberg, Law Offices of Robert E. Weisberg, Coral Gables, FL, Robert Bruce McDuff, Jackson, MS, for Palintiffs-Appellants.
J.C. O'Steen, Tallahassee, FL, John C. Pelham, Jr., Pennington, Wilkinson, Moore, Bell Dunbar, Tallahassee, FL, for Defendants-Appellees.
Appeal from the United States District Court for the Northern District of Florida (Nos. 85-CV-7009, 85-CV-7010); Maurice M. Paul, Judge.
(Opinion Feb. 3, 1999, 166 F.3d 1135, 11th Cir., 1999).
Before ANDERSON, Chief Judge, and TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.
A member of this court in active service having requested a poll on the suggestions of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.