Nelson Dotson, Ruthie Mae Moton, Cross-Appellees v. The City of Indianola, Ms., Cross-Appellants

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We face cross-appeals over the issue of whether the city of Indianola has been motivated by a discriminatory purpose in its annexation attempts. We are persuaded that the conclusions of the district court regarding purposeful discrimination drawn from facts found to be undisputed are not adequate for our review and may be internally inconsistent and inappropriate for summary judgment when viewed against the permissible use of race to remedy voting act violations. We remand for trial of any genuine issues of material fact.1

I

On four separate occasions from…