Henry T. McMillan v. Escambia County, Florida, Elmer Jenkins v. City of Pensacola, Henry T. McMillan v. Escambia County, Florida

KRAVITCH, Circuit Judge:

Plaintiffs, black voters of Escambia County, Florida, filed this class action in March 1977, challenging the at-large system for electing Escambia County commissioners. 1 The district court held the system was unconstitutional pursuant to the fourteenth and fifteenth amendments and that it violated section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973, as amended in 1975. Defendants appealed and this court reversed. McMillan v. Escambia County, Fla., 638 F.2d 1239 (5th Cir.1981) (hereinafter “Escambia F’). 2 Plaintiffs sought rehearing and this court reserved…