Answer to Plaintiffs' Second Discovery Request; Proposed Findings of Fact and Conclusions of Law for the Pickens County Defendants

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UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, ET AL, 

PLAINTIFFS 

VS. CIVIL ACTION #85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

ET AL, 

DEFENDANTS. 

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ANSWERS TO PLAINTIFFS' SECOND DISCOVERY REQUEST 
  

Comes now the Pickens County Defendants by and through W. H. 

Lang, Jr., Probate Judge, and for answer to the Plaintiffs’ 

Second Discovery Request says as follows: 

l. The legislative history with regard to Pickens County is 

incorrect in that the present statute on which Pickens County is 

operating is Act No. 594 of the 1975 Legislature. Said Act was 

approved October 1, 1975, at 5:00 P. M. and appears at Page 1339 

in the ACTS OF ALABAMA, Volume 2, Regular Session 1975. 
  

Respectfully submitted, 

ATTORNEY FOR PICKENS COUNTY 

DEFENDANTS 

SY I
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W. O. KIRK, JR. 
CURRY & KIRK 
P. O. BOX A-B 
CARROLLTON, AL 35447 
TELEPHONE: (205) 367-8125 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing Answer to 

Discovery Request on the 
following attorneys of record: 

Jack Floyd 
Floyd, Kenner & Cusimano 
816 Chestnut Street 
Gadsden, AL 35999 
(ETOWAH COUNTY ) 

D. L. Martin 
215 South Main Street 
Moulton, AL 35650 
and 
David R. Boyd 
Balch and Bingham 
P. 0. BOX 78 
Montgomery, AL 36101 
(LAWRENCE COUNTY) 

H. R. Burnum 

P. O. Box 1618 

Anniston, AL 36202 

(CALHOUN COUNTY) 

Alton L. Turner 

404 Glenwood Avenue 

P. QO. Box 207 

Luverne, AL 36049 

(CRENSHAW COUNTY) 

Warren Rowe 

P. OO. Box .150 
Enterprise, AL 36331 
(COFFEE COUNTY) 

Defendants by serving the 

Barry D. Vaughn 
Proctor and Vaughn 
121 North Norton Avenue 
Sylacauga, AL 35150 
(TALLADEGA COUNTY) 

James W. Webb 

Webb, Crumpton, McGregor, 
Schmaeling & Wilson 
166 Commerce Street 

Montgomery, AL 36101 
and 

Lee M. Otts 

Otts & Moore 

P. O. Box 467 

Brewton, AL 36427 

(ESCAMBIA COUNTY) 

by placing copies of the same in the United States Mail properly 

addressed and postage paid this A 7 day of February, 1986. 

) 
  

W. O. KIRK; JR., ATTORNEY FOR 
PICKENS COUNTY DEFENDANTS 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing Answer to 

Discovery Request upon: 

Wanda J. Cochran 

Larry T. Menefee 
James U. Blacksher 

Blacksher, Menefee & Stein, P. A. 

405 Van Antwerp Building 
P.O. Box 1051. 

Mobile, AL 36633 

Terry Davis 
Seay and Davis 
732 Carter Hill Road 
Pe QO. Box 6215 
Montgomery, AL 36104 

Julius L. Chambers 

Deborah Fins 

Legal Defense Fund 
99 Hudson Street 

léth Floor 

New York, New York 10013 

W. Edward Still 

Reeves and Still 
714 South 29th Street 

Birmingham, AL 35233 

Reo Kirkland, Jr. 

Attorney at Law 

P. O. Box ©646 

Brewton, AL 36427 

by placing copies of the same in the United States Mail properly 

addressed and postage paid this 72“-~——of February, 1986. 

He ff 
  

W. O. KIRKY JR., ATTORNEY FOR 
PICKENS COUNTY DEFENDANTS 

 



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UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, ET AL, 

PLAINTIFFS 

VS. CIVIL ACTION #85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

ET AL, 

DEFENDANTS. 

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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW 

FOR THE PICKENS COUNTY DEFENDANTS 
  

  

The Pickens County Defendants having presented their defense 

of Res Judicata based on the case of Corder vs. Kirksey which was 
  

formerly adjudicated in the United States District Court for the 

Northern District of Alabama and appealed to the United States 

Court of Appeals for the Fifth Circuit and subsequently to the 

United States Court of Appeals for the Eleventh Circuit and 

finally to the Supreme Court of the United States. That all of 

the issues involved in said litigation and the parties in said 

litigation are the same as in this case. 

That a judgment on the merits of the issues and parties in 

this case has been previously rendered involving the same claims 

and demands and 1s therefore an absolute bar to this present 

action. That the said prior action, of Corder vs. Kirksey, 
  

constitutes a valid final judgment conclusive on the parties, and 

those in privity with them, as to all matters of fact and law 

that were or should have been adjudicated in said proceeding. 

 



  

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE COURT 

that the former case of Corder vs. Kirksey, et al, 639 F.2nd 
  

1191, is a judgment on the merits and is a valid final judgment 

conclusive on the parties herein, and those in privity with them, 

as to all matters of fact and law that were or should have been 

adjudicated in said proceeding. 

That said previous litigation is a bar to this action 

against the said Pickens County Defendants. 

That this said action against the said Pickens County 

Defendants be and it is dismissed as to said Defendants. 

Done this day of , 1986. 
  

  

UNITED STATES DISTRICT JUDGE 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing Proposed 
Findings of Fact and Conclusions of Law upon: 

Wanda J. Cochran 

Larry T. Menefee 
James U. Blacksher 

Blacksher, Menefee & Stein, P. A. 

405 Van Antwerp Building 
P. O. Box 1051 
Mobile, AL 36633 

Terry Davis 
Seay and Davis 
732 Carter Hill Road 
P.O. Box.6215 
Montgomery, AL 36104 

Julius L. Chambers 

Deborah Fins 

Legal Defense Fund 
99 Hudson: Street 

léth Floor 

New York, New York 10013 

W. Edward Still 

Reeves and Still 

714 South 29th Street 

Birmingham, AL 35233 

Reo Kirkland, Jr. 

Attorney at Law 

P. O. Box 646 

Brewton, AL 36427 

by placing copies of the same in the United States Mail properly 
addressed and postage paid this &7® of February, 1986. 

Dig red, In 
  

W. O. KIRK, JRI{, ATTORNEY FOR 
PICKENS COUNTY DEFENDANTS 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing Proposed 
Findings of Fact and Conclusions of Law on the other Defendants 
by serving the following attorneys of record: 

Jack Floyd 
Floyd, Kenner & Cusimano 
816 Chestnut Street 

Gadsden, AL 35999 
(ETOWAH COUNTY ) 

D. L. Martin 
215 South Main Street 
Moulton, AL 35650 
and 

David R. Boyd 
Balch and Bingham 
P.O. Box 78 
Montgomery, AL 36101 
(LAWRENCE COUNTY) 

H. R. Burnum 

P. O. Box 1618 

Anniston, AL 36202 
(CALHOUN COUNTY) 

Alton L. Turner 

404 Glenwood Avenue 

P. O. Box 207 

Luverne, AL 36049 

(CRENSHAW COUNTY) 

Warren Rowe 

P. O. Box 150 

Enterprise, AL 36331 
(COFFEE COUNTY) 

Barry D. Vaughn 

Proctor and Vaughn 
121 North Norton Avenue 
Sylacauga, AL 35150 
(TALLADEGA COUNTY) 

James W. Webb 

Webb, Crumpton, McGregor, 
Schmaeling & Wilson 
166 Commerce Street 

Montgomery, AL 36101 
and 

Lee M. Otts 

Otts & Moore 

P. O. Box 467 

Brewton, AL 36427 

(ESCAMBIA COUNTY) 

by placing copies of the same in the United States Mail properly 
addressed and postage paid this 27% day of February, 1986. 

dod. fs th Ou 
  

W. O. KIRK, JR., ATTORNEY FOR 
PICKENS COUNTY DEFENDANTS