Motion to Reconsider

    A VY § A % ® 

  

IN THE UNITED STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION 

WILEY L. BOLDEN, REV. R. L. 
HOPE, CHARLES JOHNSON, JANET 
O. LeFLORE, JOHN L. LeFLORE 
CHARLES MAXWELL, OSSIE B. PURIFOY, 
RAYMOND SCOTT, SHERMAN SMITH, 
OLLIE LEE TAYLOR, RODNEY O. TURNER, 
REV. ED. WILLIAMS, SYLVESTER 
WILLIAMS and F. R. WILSON, % 

% 
% 

* 
¥ 

* 
* 

* 
%
 Plaintiffs, CIVIL ACTION NO. 75-297~P 

-vg~- > 

CITY OF MOBILE, ALABAMA: 

GARY A. GREENOUGH, ROBERT B. 
DOYLE, JR. and LAMBERT C. MIMS, 
individually and in their official 
capacities as Mobile City 
Commissioners, * 

Fk 
Ok 

Fk 
¥ 

Defendants. * 

MOTION TO RECONSIDER 

Comes now FRED RICHARDSON, SILAS LEE, JR., MAURICE 

A. HOLT, SUSIE PARKER, and JAMES D. WILSON III as movants 

and members of Plaintiffs' class in the above styled 

action, and respectfully ask that this Court reconsider 

its order of October 3, 1978 wherein the election for 

City Council members from nine (9) seperate districts to 

be held on November 21, 1978, was stayed. 

As grounds for reconsideration, movants would show 

your honor that: 
‘ 

ONE 

Movants are qualified registered voters residing 

within the city limits of Mobile, Alabama. 

TWO 

Movants are members of the Black race. 

THREE 

Movants qualified as candidates for council members 

for various districts within the City of Mobile within 

 



  

® ® 

the qualifying period in accordance with the order of 

this Court for the election of a City Council in the City 

of Mobile, said order dated June 1, 1978 

FOUR 
Movants, along with others, have actively engaged 

in campaigning and have expended considerable time effort 

and money towards the election which was to be held Nov. 

21, 1978 as set down by the above referenced Court Order. 

FIVE 

  

This Court by order dated October 3, 1978 STAYED 

the election that had been heretofore ordered to be held 

on November 21, 1978. 

SI 
RE 

Most of the expenditures made by your movants will 

be lost if the stay heretofore ordered is kept in effect, 

additionally, such intangibles as momentum enthusiasm, 

support, and the status quo of the field are endangered 

by the instant stay. 

SEVEN 
A more equitable and fair solution to those previously 

involved in active campaigning would be that your honor 

allow the elections to continue as heretofore scheduled 

for November 21, 1978 and alternatively stay the installation 

of the newly elected Mayor-Council form of government until 

such time as the United States Supreme Court rules on the 

City of Mobile's appeal. 

WHEREFORE, the premises considered, your movants 

pray that this Court will see fit to conduct a hearing on 

the merits of this application and at the conclusion of 

same, modify the order dated October 3, 1978 and allow 

the elections to proceed as scheduled for November 2%, 1978 

and alternatively stay the implementation of the City 

Council until the Supreme Court has ruled on the City of 

 



® ® 

  

Mobile's appeal and other such further and different 

relief as the Court may deem just and proper 

Respectfully submitted, 

i § a 
at I in / AE pa 

j po rr Z ~ L 27 fin / : | of oa ~~ 

_ LZ TL AM As 
FRED RICHARDSON 

Bathe Vier 

Aa 

SILAS LEE, JR. 
  

\ Mag AF i 
a 

—————— ge SE ; 

iy wv. 

MADR 
CoA { "ll AS til I RR in he SRI 

ICE A. HOLT 

ree 7 7 

rar a ot IA A Ba I 
JMIES D. WILSON, III 

  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have on this 9th day of 

October, 1978 served a copy of the foregoing pleading 

on counsel for all parties to this proceeding by mailing 

same by United States Mail, properly addressed and first 

class postage prepaid. 

WAS Ln 1° C 774 
é i Cal £ su A he 

WALTER L. DAVIS 
111 Lovejoy Loop 
Prichard. AL 36610