Motion by Etowah County Defendants' to Exclude Certain Evidence at the Trial of This Cause; Other Court Documents Re Etowah County Redistricting Trial

    PF 1 ! 

X 

IN THE UNITED STATES DISTRICT COURT FOR THE 
‘MIDDLE DISTRICT OF ALABAMA 

~ NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 
et als, " 

DEFENDANTS 

  

Comes now the Etowah County Defendants and say: 

1. This action is against six counties in the State of 

Alabama. The plainiffs have chosen not to make the State of 

Alabama a party defendant although its evidence heretofore offered 

concerned Acts of the State of Alabama through its Legislature and 

the conduct and acts of other counties who are not parties to this 

action. This Honorable Court has heretofore announced that the 

State of Alabama appears to be a necessary party. 

2. The order of preliminary injunction in this cause found 

that there was sufficient evidence to show that the at-large 

system for the election of District Commissioners was a product of 

intentional discrimination. 

3. Based upon that ruling, Etowah County has begun the 

process for the development, approval, and an implementation of a 

 



    

new district plan to establish five single member district 

commissioners to be elected from five single member districts by 

the voters of each district, said district being equal, as nearly 

as practicable, in population, with said body to be the policy 

making body of the county, together with a Chairman/County 

Executive elected by the voters of the entire county.. 

4. Upon implementation and approval of the plan of district 

commissioners elected from single member districts, the only other 

issue before the Court, except for attorneys fee, is for the 

determination of whether or not in Etowah County by the election 

of a Chairman of the Commission/County Executive by all the voters 

of the County, has the County: 

(a) Engaged in a pattern and practice of using such election 

of the Chairman by the Voters of all the county as an instrument 

for race discrimination, or, 

(b) Does the election of the Chairman of the Etowah County 

Commission by the voters county wide result in a product of 

intentional discrimination, or, 

(c) Has the election of a Chairman county wide discriminated 

against black persons in the area voting, or, 

(d) Has the election of a Chairman county wide 

disenfranchised black persons, or, 

(e) Whether discrimination was a substantial or motivating 

factor behind the plan to elect the Chairman county wide, or, 

(f) Has such election of a Chairman county wide had an 

adverse racial impact in Etowah County. 

5. Insofar as proof against Etowah County is concerned, such 

 



  

§ § 

evidence should be limited to the individual characteristics of 

Etowah County, and not that as to characteristics of the State of 

Alabama or another county of this state. 

WHEREFORE, PREMISES CONSIDERED your Etowah County Defendants 

pray that your Honor will enter an Order limiting the proof of the 

plaintiffs as to Etowah County solely to the individual 

characteristics of Etowah County and not allow evidence against 

the Etowah County defendants as to other practices of the State of 

Alabama or any other county of this State. 

FLOYD, KEENER & CUSIMANO 

ATTORNEYS FOR DEFENDANT 

ETOWAH COUNTY 

816 Chestnut Street 
Gadsden, AL 35999-2701 
(205) 547-6328 

    
BY: 

  

JACK 

I hereby certify that a copy of the foregoing has been 

mailed to Larry T. Menefee, Attorney, P. O. Box 1051, Mobile, 

Alabama 36633; Terry G. Davis, P. O. Box 6215, Montgomery, 

Alabama 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 

Street, 16th Floor, New York, New York 10013; Edward Still, 714 

South 29th Street, Birmingham, AL 35233; and Reo Kirkland, Jr., 

P. O. Box 646, Brewton, AL 36427, Alton Turner, Crenshaw County 

Attorney, P. O. Box 207, Luverne, AL 36049, Dave Martin, 

Lawrence County Attorney, 215 S. Main Street, Moulton, AL 35650, 

 



  

£ % § 

Warner Rowe, Coffee County Attorney, 119 East College Avenue, 

Enterprise, AL 36330, H. R. Burnham, Calhoun County Attorney, P. 

O. Box 1618, Anniston, AL 36202, Barry D. Vaughn, Talladega 

County Attorney, 121 N. Norton Avenue, Sylacauga, AL 35150, Lee 

Otts, Escambia County Attorney, P. O. Box 467, Brewton, AL 

36427, Buddy Kirk, Pickens County Attorney, P. O. Drawer AB, 

Carrollton, AL 35447, David R. Boyd, P. O. Box 78, Montgomery, 

AL 36104, this the 72 3y of July, 1986. 

3k 

  

  

OF COUNSEL 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 

et als, 
* 

DEFENDANTS 

  

The Etowah County Defendants move the Court to shorten the 

time for the Plaintiff to respond to Etowah County Defendants’ 

discovery request, a copy of which is attached to this Motion. As 

grounds for its Motion, the Etowah County Defendants would show to 

the Court that this Court has scheduled the trial in this action 

for Wednesday, July 23, 1986, with a pre-trial conference on July 

16, 1986 and discovery cut-off on July 16. Answers should be made 

by July 16, 1986. 

WHEREFORE, Etowah County Defendants pray that the Court will 

shorten the time for responses to Etowah County Defendants’ 

Discovery Request to July 16, 1986. 

 



  

Respectfully submitted, 

FLOYD, KEENER & CUSIMANO 

ATTORNEYS FOR DEFENDANT 

ETOWAH COUNTY 
816 Chestnut Street 
Gadsden, AL 35999-2701 
(205) 547-6328 

MANE RN WN 
OYD 
  

I hereby certify that a copy of the foregoing has been 

mailed to Larry T. Menefee, Attorney, P. O. Box 1051, Mobile, 

Alabama 36633; Terry G. Davis, P. O. Box 6215, Montgomery, 

Alabama 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 

Street, 16th Floor, New York, New York 10013; Edward Still, 714 

South 29th Street, Birmingham, AL 35233; and Reo Kirkland, Jr., 

P. O. Box 646, Brewton, AL 36427, Alton Turner, Crenshaw County 

Attorney, P. O. Box 207, Luverne, AL 36049, Dave Martin, 

Lawrence County Attorney, 215 S. Main Street, Moulton, AL 35650, 

Warner Rowe, Coffee County Attorney, 119 East College Avenue, 

Enterprise, AL 36330, H. R. Burnham, Calhoun County Attorney, P. 

O. Box 1618, Anniston, AL 36202, Barry D. Vaughn, Talladega 

County Attorney, 121 N. Norton Avenue, Sylacauga, AL 35150, Lee 

Otts, Escambia County Attorney, P. O. Box 467, Brewton, AL 

36427, Buddy Kirk, Pickens County Attorney, P. O. Drawer AB, 

Carrollton, AL 35447, David R. Boyd, P. O. Box 78, Montgomery, 

508009 
AL 36104, this the day of July, 1986. 

  

OF Ned be 

 



  

FLOYD, KEENER & CUSIMANO 

Attorneys al Zac 
816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

JACK FLOYD TELEPHONE: LARRY H. KEENER 
GREGORY S. CUSIMANO AREA CODE 205 JAMES E. HEDGSPETH, JR. 
MICHAEL L. ROBERTS July 7, 1986 547-6328 
DAVID A. KIMBERLEY 

Mr. Larry T. Menefee 
Attorney at Law 
P. O. Box 1051 
Mobile, AL 36633 

Re: Dillard vs. Crenshaw County 

Dear Larry: 

Enclosed is the copy of the plan of redistricting for Etowah 
County, which has been adopted by the Etowah County Commission 
and is being submitted to the Justice Department for 
preclearance. 

= ve truly, 

> 3 1 eA 

Jac Floyd 

JF/jb 

cc: Terry G. Davis 
P. O. Box 6215 
Montgomery, Alabama 36104 

Deborah Fins 
Julius L. Chambers 
99 Hudson Street, 16th Floor 
New York, New York 10013 

Edward Still 
714 South 29th Street 
Birmingham, AL 35233 

 



  

Page Two 
July 2, 1986 
Mr. Larry Menefee 

  

Reo Kirkland, Jr. 
P. O. Box 646 
Brewton, AL 36427 

Alton Turner 

P. O. Box 207 
Luverne, AL 36049 

Dave Martin 
215 S. Main Street 
Moulton, AL 35650, 

Warner Rowe 
119 East College Avenue 
Enterprise, AL 36330 

H. R. Burnham 
P. O. Box 1618 
Anniston, AL 36202 

Barry D. Vaughn 
121 N. Norton Avenue 
Sylacauga, AL 35150 

Lee Otts 

P. O. Box 467 
Brewton, AL 36427 

Buddy Kirk 
P. O. Drawer AB 

Carrollton, AL 35447 

David R. Boyd 
P, O. Box 78 
Montgomery, AL 36104 

 



  

REDISTRICTING PLAN FOR THE ETOWAH COUNTY COMMISSION 
ETOWAH COUNTY, ALABAMA 

WHEREAS, the Etowah County Commission now consists of 
four District Commissioners elected county wide "at-large" with 
a Chairman elected by all voters of the County, and, 

WHEREAS, a Class Action has been brought by Dr. Spencer 
Thomas, Nathan Carter and Mr. Wayne Rowe, on behalf of 
themselves and all blacks citizens of Etowah County, Alabama, 
challenging the election system for the Etowah County 
Commission, in an action styled JOHN DILLARD, et al. ,PLAINTIFFS, 
VS: CRENSHAW COUNTY, ALABAMA, et al., DEFENDANTS, in the UNITED 
STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA, 
NORTHERN DIVISION, C.A.# 85-T-1332-N, and, 

WHEREAS, Etowah County, Alabama, and its officers wish to 
resolve the lawsuit and redistrict Etowah County into 
single-member commission districts thereby insuring that the 
interests of minority citizens and all citizens in Etowah County 
are equally and adequately protected in any redistricting plan 
proposed for Etowah County, and 

WHEREAS, a public hearing, duly called and warned, was 
held at the Etowah County Courthouse on July 1, 1986, on the 
proposed redistricting plan, at which time suggestions, 
objections, and other matters were discussed between the 
Commission and the general public, particularly minority 
citizens, and where all objections, whether in writing or in 
person, were considered, 

NOW, THEREFORE, the new redistricting plan for Etowah 
County shall consist of the following: 

(a) The Etowah County Commission shall consists of five 
single-member district commissioners to be elected from single- 
member districts by the voters in each district, which body 
shall be the policy making body of the county. 

(b) The districts shall be equal, as nearly as practicable, 
in population. 

(c) The single district member commissioner for District 
Five shall be elected in the year 1986 for a six year term, to 
take office on the second Tuesday after the first Monday’ in 
January, 1987. The present incumbent district commissioners for 
districts two and three, whose present terms expire in 1988, 
will serve as district commissioners for district two and three 
until district elections are held in 1988 for districts two and 
three, at which time they would run for a new six year term. The 
commissioners for district one and four, who will be elected in 

 



  

the 1986 General Election for a four year term beginning in 
January, 1987, will serve as district commissioners for 
districts one and four until district elections are held in 1990 
for single member districts one and four, at which time they 
will run for a new six year term. Thereafter, the terms of the 
five district commissioners will be staggered with either one or 
two members running each two years. 

(d) Maps showing the boundaries of the amended five 
single-member districts, which amended boundaries will place the 
incorporated area known as Ridgeville (a predominantly black 
incorporated area) in district five, will be on display for 
viewing during any normal business hour in the Etowah County 
Courthouse in Gadsden. 

(e) There shall also be an Etowah County Executive elected 
by all voters of the county. The newly elected Chairman of the 
Etowah County Commission who will be elected in the November 
1986 General Election, and who would take office on the second 
Tuesday after the first Monday in January, 1987, will become the 
first Etowah County Executive. His term of office shall be for 
six years. 

(£) The County Executive shall be the chief executive 
officer of the County and shall be responsible for the execution 
and implementation of the policies adopted by the Commission. 

(g) Duties of the County Executive shall be extended to 
include the preparation and proposing of the county budget to 
the county commission in addition to those budget control duties 
given to the present chairman of the Etowah County Commission 
under Act 432, State of Alabama, 1975, as amended by Act 884, 
State of Alabama, 1985. 

(h) The County Executive shall have all those duties and 
responsibilities heretofore given to the Chairman of the 
Commission by the Code of Alabama and Legislative Acts, SAVE AND 
EXCEPT, those of presiding over county commission meetings, 
making or seconding motions at meetings of the commission, and 
voting on motions. 

(i) The County Executive shall not be entitled to vote at 
commission meetings nor shall he be permitted to make or second 
motions at meetings of the commission. He shall have no 
legislative functions or duties. 

(ij) Compensation for the Etowah County Executive shill be 
that as previously authorized for the Chairman of the Etowah 
County Commission. 

(k) Etowah County shall secure the introduction and 
legislation to formalize this plan in the Legislature of the 
State of Alabama, and shall submit it to the United States 
Justice Department for preclearance under the Voting Rights Act; 
however, upon appropriate order of the Court, Etowah County 

 



shall immediately implement the terms of this plan. 

(1) There shall be a President or Presiding Officer of the 
Etowah County Commission, who shall preside at meetings and 
shall set the agenda, but said President or Presiding Officer 
shall have no other additional authority nor shall he receive 
more compensation than any other district commissioner. The 
President or Presiding Officer of the Etowah County Commission 
shall be rotated among the five district commissioners with each 
of them serving a one year term beginning on the second Tuesday 
after the first Monday in January of each year and ending at the 
same time the following year. The permanent order of rotation 
shall be fixed by lot by the district commissioners at the 
meeting of the County Commission on the second Tuesday after the 
first Monday in January, 1987. 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

CRENSHAW COUNTY, ALABAMA, * 
et als, 

* 

DEFENDANTS 

  

Comes now the Etowah County Defendants and amend their answer 

to Third Discovery Request One by adding thereto the following: 

(a) Said experts will also trace the development of the 

county executive form of government in Etowah County; together 

with apportionment and re-apportionment of Legislative districts 

by local government. Said experts will also testify that the 

present election of the Chairman of the Etowah County Commission 

or County Executive, elected at-large by voters of the entire 

county, does not deny and has not denied black citizens full and 

equal access to the political process nor has it resulted in the 

dilution of black voting strength in violation of Section 2 of the 

Voting Rights Act of 1965, as amended, 42 U.S.C. Section 1973. 

(b) The County Executive form of government in Etowah County 

has developed in the same manner as in other Alabama Counties and 

Counties in other states. Apportionment and Re-apportionment of 

 



  

Legislative Districts by local governments is based on a number of 

relevant factors. 

(c) Research on County Executive form of government and on 

apportionment and reapportionment of local government legislative 

districts. Personal experiences as consultants on forms of 

government and re-apportionment of state and local government 

legislative districts. 

FLOYD, KEENER & CUSIMANO 

ATTORNEYS FOR DEFENDANT 

ETOWAH COUNTY 

816 Chestnut Street 
Gadsden, AL 35999-2701 
(205) 547-6328 

SEQ 
IRCK ED 

Robert V. Hitt, Chairman 
Etowah County Commission 

  

  

Sworn to and er ivss 
before me this the 777 
da f July, 1986 

we Lonsd Lied 
Not gfe Public  / 

I hereby certify that a copy of the foregoing has been 

  

mailed to Larry T. Menefee, Attorney, P. O. Box 1051, Mobile, 

Alabama 36633; Terry G. Davis, P. O. Box 6215, Montgomery, 

Alabama 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 

 



  

Street, 16th Floor, New York, New York 10013; Edward Still, 714 

South 29th Street, Birmingham, AL 35233; and Reo Kirkland, Jr., 

P. O. Box 646, Brewton, AL 36427, Alton Turner, Crenshaw County 

Attorney, P. O. Box 207, Luverne, AL 36049, Dave Martin, 

Lawrence County Attorney, 215 S. Main Street, Moulton, AL 35650, 

Warner Rowe, Coffee County Attorney, 119 East College Avenue, 

Enterprise, AL 36330, H. R. Burnham, Calhoun County Attorney, P. 

O. Box 1618, Anniston, AL 36202, Barry D. Vaughn, Talladega 

County Attorney, 121 N. Norton Avenue, Sylacauga, AL 35150, Lee 

Otts, Escambia County Attorney, P. O. Box 467, Brewton, AL 

36427, Buddy Kirk, Pickens County Attorney, P. O. Drawer AB, 

Carrollton, AL 35447, David R. Boyd, P. O. Box 78, Montgomery, 

AL 36104, this the ] day of July, 1986. 

  

  

OF COUNSED 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 
NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 

et als, 
* 

DEFENDANTS 

ETOWAH COUNTY DEFENDANTS' DISCOVERY 
REQUEST TO PLAINTIFFS 

The Etowah County defendants through their undersigned counsel 

make the following discovery request addressed to the plaintiffs: 

l. Identify each person you expect to call as an expert 

witness at trial, and with respect to each such expert witness 

state: 

(a) The subject matter on which each expert is expected to 

testify. 

(b) The substance of the facts and opinions on which the 

expert is expected to testify. 

(c) A summary of the grounds of each opinion. 

2. With respect to each expert witness identified in your 

answers to the proceeding interrogatory, please state all of the 

facts, credentials, and other circumstances which you claim 

qualify the person as an expert witness. Please attach to your 

answers to this interrogatory and up-date curriculum vita for each 

 



  

expert witness. 

3. Please produce for inspection and copying or attach to 

your answers to these interrogatories a map of Etowah County 

showing any plan or plans to redistrict Etowah County that your 

experts or others have submitted to you. 

Please respond to this Discovery Request no later than 

July 16, 1986. 

FLOYD, KEENER & CUSIMANO 

ATTORNEYS FOR DEFENDANT 

ETOWAH COUNTY 

816 Chestnut Street 
Gadsden, AL 35999-2701 
(205) 547-6328 

mall 26 a SINUS 
"JACK FLOYD 
  

I hereby certify that a copy of the foregoing has been 

mailed to Larry T. Menefee, Attorney, P. O. Box 1051, Mobile, 

Alabama 36633; Terry G. Davis, P. O. Box 6215, Montgomery, 

Alabama 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 

Street, 16th Floor, New York, New York 10013; Edward Still, 714 

South 29th Street, Birmingham, AL 35233; and Reo Kirkland, Jr., 

P. O. Box 646, Brewton, AL 36427, Alton Turner, Crenshaw County 

Attorney, P. O. Box 207, Luverne, AL 36049, Dave Martin, 

Lawrence County Attorney, 215 S. Main Street, Moulton, AL 35650, 

Warner Rowe, Coffee County Attorney, 119 East College Avenue, 

 



  

Enterprise, AL 36330, H. R. Burnham, Calhoun County Attorney, P. 

O. Box 1618, Anniston, AL 36202, Barry D. Vaughn, Talladega 

County Attorney, 121 N. Norton Avenue, Sylacauga, AL 35150, Lee 

Otts, Escambia County Attorney, P. O. Box 467, Brewton, AL 

36427, Buddy Kirk, Pickens County Attorney, P. O. Drawer AB, 

Carrollton, AL 35447, David R. Boyd, P. O. Box 78, Montgomery, 

AL 36104, this the 1 day of July, 1986. 

in ON on Sa 
  

OF COUNSEB 

 



FLOYD, KEENER & CUSIMANO 

Attorneys al Lac 
816 CHESTNUT STREET 

GADSDEN, ALABAMA 35999-2701 

  

JACK FLOYD TELEPHONE: 
LARRY H. KEENER 
GREGORY S. CUSIMANO July 7, 1986 
JAMES E. HEDGSPETH, JR. 
MICHAEL L. ROBERTS 
DAVID A. KIMBERLEY 

AREA CODE 205 

547-6328 

Honorable Myron H. Thompson 
United States District Judge 
Federal Building 
Montgomery, AL 36104 

Re: Dillard vs. Crenshaw County, et al. 
Case No. 85-T-1332-N 

Dear Judge Thompson: 

Etowah County replied by letter on June 9, 1986, to your inquiry 
concerning possible settlement and/or the length of trial. In 
that letter Etowah County stated it would agree to redistrict in 
single member districts with an elected Chairman or County 
Executive elected by the people and answerable to the people. 
We advised in that letter that without compromise on the 
Chairman issue from the plaintiff, then the issue must be tried. 

The Plaintiffs attorneys seem to be stating to me that by 
agreeing to redistrict the district commissioners into single 
member districts, Etowah County admits the entire liability 
issue and that then the burden would be on Etowah County to 
prove to the Court that a Chairman elected county-wide does not 
dilute minority voting and that it does afford minority citizens 
full and equal access to the political process; that in absence 
of such proof by Etowah County, that its Chairman or County 
Executive elected by the people from the entire county would be 
"out the window" and thereafter Etowah County would be required 
to hire a County Manager or County Administrator appointed by 
the county commission. If that be the case, then Etowah County 
would expect to litigate the entire matter as a liability issue 
expecting the burden of proof under existing law to be on the 
plaintiffs. 

As we see the plaintiffs argument, its logical conclusion is 
that this Court would in effect be declaring that any 
municipality or county government that elects its Mayof or 
Chairman/County Executive from the entire municipality or county 
is inherently discriminatory and unless the municipality or 
county could prove it was not, then the municipality or county 
must be managed by an appointed city or county manager. 

 



  

Page 2 
July 7, 1986 
Honorable Myron H. Thompson 

  

We feel that any burden of proof must remain on the Plaintiffs 
to show that the Chairman of the Etowah County Commission or 
County Executive elected at-large by voters of the entire county 
denies and has denied black citizens full and equal access to 
the political process and has resulted in the dilution of black 
voting stength. 

ours v truly, 
i 

xo) 

    
Ja 

JF/ 3b 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 

et als, 
* 

DEFENDANTS 

  

Come now said defendants and for answer to the admitted 

complaint of the plaintiffs say: 

1. Admitted. 

2. Denied. 

3. These defendants can neither admit nor deny the 

allegations of paragraph 3 as said information is not within 

their knowledge. 

4. Admitted. 

5. These defendants can neither admit nor deny the 

allegations of paragraph 5 as said information is not within 

their knowledge. 

 



  

6. These defendants can neither admit nor deny the 

allegations of paragraph 6 as said information is not within 

their knowledge. 

7. These defendants can neither admit nor deny the 

allegations of paragraph 7 as said information is not within 

their knowledge. 

8. These defendants can neither admit nor deny the 

allegations of paragraph 8 as said information is not within 

their knowledge. 

9. These defendants can neither admit nor deny the 

allegations of paragraph 9 as said information is not within 

their knowledge. 

10. These defendants can neither admit nor deny the 

allegations of paragraph 10 as said information is not within 

their knowledge. 

11. Admitted. 

12. These defendants can neither admit nor deny the 

allegations of paragraph 12 as said information is not within 

their knowledge. 

13. Admitted. 

14. These defendants can neither admit nor deny the 

allegations of paragraph 14 as said information is not within 

their knowledge. 

15. These defendants can neither admit nor deny the. 

allegations of paragraph 15 as said information is not within 

their knowledge. 

 



  

16. These defendants can neither admit nor 

allegations of paragraph 16 as said information 

their knowledge. 

17. These defendants can neither admit nor 

allegations of paragraph 17 as said information 

their knowledge. 

18. These defendants can neither admit nor 

allegations of paragraph 18 as said information 

their knowledge. 

19. These defendants can neither admit nor 

allegations of paragraph 19 as said information 

their knowledge. 

20. These defendants can neither admit nor 

allegations of paragraph 20 as said information 

their knowledge. 

21. These defendants can neither admit nor 

allegations of paragraph 21 as said information 

their knowledge. 

22. Admitted. 

23. 

13.04 percent. 

24. These defendants can neither admit nor 

allegations of paragraph 24 as said information 

their knowledge. 

deny the 

is not within 

deny the 

is not within 

deny the 

is not within 

deny the 

is not within 

deny the 

is not within 

deny the 

is not within 

Admitted, except the percentage of black population is 

deny the 

is not within 

 



  

25. These defendants can neither admit nor 

allegations of paragraph 25 as said information 

their knowledge. 

26. These defendants can neither admit nor 

allegations of paragraph 26 as said information 

their knowledge. 

27. These defendants can neither admit nor 

allegations of paragraph 27 as said information 

their knowledge. 

28. These defendants can neither admit nor 

allegations of paragraph 28 as said information 

their knowledge. 

29. These defendants can neither admit nor 

allegations of paragraph 29 as said information 

their knowledge. 

30. Denied. 

31. Denied. 

32. Denied. 

33. Denied. 

34. Denied. 

35. Denied. 

36. Denied. 

37. Denied. 

38. Denied. 

39. Denied. 

40. Denied. 

deny the 

is not within 

deny the 

is not within 

deny the 

is not within 

deny the 

is not within 

deny the 

is not within 

 



  

FLOYD, KEENER & CUSIMANO 
Attorneys for Defendant 
By 

BY: 2 QoQ 
  

JACKNFLOYD 
816 Chestnut St. 
Gadsden, AL 35999 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing has been 

mailed to Larry T. Menefee, Attorney, P. O. Box 1051, Mobile, 

Alabama 36633; Terry G. Davis, P. O. Box 6215, Montgomery, 

Alabama 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 

Street, 16th Floor, New York, New York 10013; Edward Still, 714 

South 29th Street, Birmingham, AL 35233; and Reo Kirkland, Jr., 

P. O. Box 646, Brewton, AL 36427, Alton Turner, Crenshaw County 

Attorney, P. O. Box 207, Luverne, AL 36049, Dave Martin, 

Lawrence County Attorney, 215 S. Main Street, Moulton, AL 35650, 

Warner Rowe, Coffee County Attorney, 119 East College Avenue, 

Enterprise, AL 36330, H. R. Burnham, Calhoun County Attorney, P. 

O. Box 1618, Anniston, AL 36202, Barry D. Vaughn, Talladega 

County Attorney, 121 N. Norton Avenue, Sylacauga, AL 35150, Lee 

Otts, Escambia County Attorney, P. O. Box 467, Brewton, AL 

36427, Buddy Kirk, Pickens County Attorney, P. O. Drawer AB, 

Carrollton, AL 35447, David R. Boyd, P. O. Box 78, Montgomery, 

Alabama 36104, this the 4 day of a 

OF AVY . 4 
  

 



  

FLOYD, KEENER & CUSIMANO 
ATTORNEYS AT LAW 

816 CHESTNUT STREET 
GADSDEN, ALABAMA 35999 

      

TO: Deborah Fins 

Julius L. Chambers 

99 Hudson Street, 16th Floor 

New York, New York 10013 

FIRST CLASS MAIL