Page in Supplement to Brief of Argument in Support of Defendants Motion to Dismiss with Cover Letter

Public Court Documents
February 3, 1986

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Page in Supplement to Brief of Argument in Support of Defendants Motion to Dismiss with Cover Letter preview

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  • Case Files, Dillard v. Crenshaw County Hardbacks. Page in Supplement to Brief of Argument in Support of Defendants Motion to Dismiss with Cover Letter, 1986. e8d98fc6-b7d8-ef11-a730-7c1e5247dfc0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/0960b6fc-2cf2-46cb-bd35-5e5ca37017e0/page-in-supplement-to-brief-of-argument-in-support-of-defendants-motion-to-dismiss-with-cover-letter. Accessed December 04, 2025.

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    LAW OFFICES 

YO Kok J 
CURRY & KIRK 
P.O. DRAWER A-B 

omredlion, SL lame S447 
J. H. CURRY (1901-1984 AREA CODE 205 
W. 0. KIRK, o ) TELEPHONE 367-8125 

January 31, 1986 

Mr.Thomas C. Caver 

United States District Court 

Middle District of Alabama 

Po 0.«BOXx~-711 

Montgomery, AL 36101 

Re: John Dillard, et al, vs. Crenshaw 
County, AL, et al, 
Civil Action #85-T-1332-N 

Dear Mr. Caver: 

In accordance with your request, we have enclosed 
herewith a substitute page for the lst page of our brief on 
behalf of the Pickens County Defendants in the above case. 

We also enclose Certificate of Service showing service 
of this page on the other counsel. 

Please substitute this for page one for us, and we 
appreciate your calling this to our attention. 

Sincerely yours, 

pp 

Ww. O « ‘Rirk, Jr. 

WOKijr/bp 

 



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. )   
BRIEF AND ARGUMENT IN SUPPORT OF 

PICKENS COUNTY DEFENDANTS' 

MOTION TO DISMISS 

  

  

  

1 

RES JUDICATA 
  

A judgment on the merits in a prior suit has been rendered, 

between the same parties, or those in privity with them upon the 

same claim or demand and therefore is an absolute bar to this 

present action. 

The said prior judgment on the merits constitutes an 

estoppel of this present action as 1t was between the same 

parties, or those in privity with them, and the matters that were 

litigated in the prior action are the same matters for litigation 

in the present suit and are precluded from relitigation in this 

an present suit. 

B The doctrine of res judicata makes a final valid judgment 

SA conclusive on the parties, and those in privity With them, as to 

Tn I WE fact and Law gat tL 

  

  

adjudicated in the proceeding. Federated Dept. Stores, Inc. vs. 
3 oH i i } i 3 i LE 7 SRT " i a Oke » 4 

4 LiMoitie (1981), 452 US 394 (101 Supreme Ct. 2424). 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing Brief 
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 
16th 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 27th day of January, 1986. 

A Fy y/ 
. O. KIRK, “‘JR., ATTORNEY FOR 
  

PICKENS COUNTY DEFENDANTS 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing Brief on 
the other 

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 

Defendants by serving the following attorneys of 

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 

David R. Boyd Montgomery, AL 36101 
Balch and Bingham and 
P. O. Box 78 Lee M. Otts 
Montgomery, AL 36101 Otts & Moore 
(LAWRENCE COUNTY) P. O. Box 467 

Brewton, AL 36427 
H. R. Burnum 

P. O. BOX: 1618 

Anniston, AL 36202 

(CALHOUN COUNTY) 

Alton L. Turner 

404 Glenwood Avenue 

P. 'O.."Box 207 

Luverne, AL 3604° 

(CRENSHAW COUNTY) 

Warren Rowe 

P. O. Box 150 

Enterprise, AL 36331 
(COFFEE COUNTY) 

(ESCAMBIA COUNTY) 

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

  

     | W. O. KIRK, JW ATTORNEY FOR 
iil PICKENS COUNTY.DEFENDANTS 

10

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