Amended Motion to Dismiss

Public Court Documents
January 14, 1986

Amended Motion to Dismiss preview

2 pages

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  • Case Files, Dillard v. Crenshaw County Hardbacks. Amended Motion to Dismiss, 1986. a9957911-b9d8-ef11-a730-7c1e5247dfc0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/3840d506-af0d-404e-9958-5601836937b5/amended-motion-to-dismiss. Accessed April 06, 2025.

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

NORTHERN DIVISION 

JOHN DILLARD, et al., * 

PLAINTIFFS * 

VS: * C.A.# 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 
et al,, 

* 

DEFENDANTS 
: * 

AMENDED MOTION TO DISMISS 

BY DEFENDANTS ETOWAH COUNTY, ET ALS 

Come now the Defendants Etowah County, Alabama; Lee Wofford, 

in his official capacity as Probate Judge; Billy Yates, in his 

official capacity as Circuit Clerk; and Roy McDowell, in his 

official capacity as Sheriff of Etowah County; and amend their 

Motion to Dismiss heretofore filed in said cause by adding 

thereto the following additional grounds: 

2, To dismiss the action on the grounds that proper venue 

in the Court is not properly alleged in the complaint because 

(a) Etowah County and its elected officials are located and 

reside in the United States District Court for the Northern 

pisbeict of Alabama. 

3. To dismiss the action because the action is commenced as 

class action and it appears on the face of the complaint that it 

does not meet the requirements for a class action in accordance 

with Rule 23, Federal Rules of Civil Procedure. 

 



  

FLOYD, KEENER & CUSIMANO 

ATTORNEYS FOR DEFENDANTS 

Etowah County, Alabama; Lee 
Wofford; Billy Yates; and 
Roy McDowell 

Wn 
JACK FLOYD 
816 Chestnut Street 
Gadsden, AL 35999-2701 

(205) 547-6328 

  

I hereby certify that a copy of the foregoing has been 
mailed Larry. T. Menefee, Attorney, P. O. Box 1051, Mobile, 
Alabama 36633; Terry G. Davis, P. 0. 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, Moutlon, 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, this the day of Janliary, A 

A 
Q =F 

  

OF COUNSEL

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