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 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