Amended Motion to Dismiss
Public Court Documents
January 14, 1986
2 pages
Cite this item
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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 November 29, 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