Summary
noting the Niagara Falls standard, though the opinion was later vacated and the district court affirmed by an evenly divided en banc panel
Summary of this case from Wright v. Sumter Cnty. Bd. of ElectionsOpinion
No. 05-10669.
July 2, 2008.
Neil Bradley, ACLU Foundation, Inc., Atlanta, GA, for Plaintiffs-Appellants.
Gavin Wallace O'Brien, Gavin W. O'Brien, P.A., Holmes Beach, FL, for Defendants-Appellees.
Appeal from the United States District Court for the Middle District of Florida (No. 00-00212 CV-FTM-29-DNF); John E. Steele, Judge.
Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARRETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.
The judges of the en banc court are equally divided on the proper disposition of this case. Therefore, the judgment of the district court is AFFIRMED by operation of law.