Motion to Consolidate

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Impact area
- Education
Topic
- Teacher's Rights
LDF Attorneys
Cooperating Attorneys
- Christine Luchok Fallon
- Kent Spriggs
Organizations
- LDF
- Law Offices of Kent Spriggs
Matter
- Campbell v. Gadsden County District School Board
Case
- Campbell v. Gadsden County District School Board
U.S. state
- Florida
Collection
- Case Files
Taxonomy
Identifier
- ef5424f3-a111-f111-8407-0022482cdbbc

Cite this item

Case Files, Campbell v. Gadsden County District School Board Hardbacks. Motion to Consolidate, 1977. ef5424f3-a111-f111-8407-0022482cdbbc. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/518f56b0-8b57-49de-831a-412f923eeada/motion-to-consolidate. Accessed March 05, 2026.

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    IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

JOHN HUTLEY, WITT CAMPBELL, 

Plaintiffs, 

ne : TCA NO. 73-177 

GADSDEN COUNTY SCHOOL BOARD, 
et aly, 

Defendants. 

HENRY W. McGILL, 

Plaintiff, 

va. TCA NO. 73-176 

GADSDEN COUNTY COMMISSION, 
et al., 

Defendants, 

MOTION TO CONSOLIDATE 

COME . NOW the Plaintiffs in McGill v. Gadsden County 

Commission and Campbell wv. Gadsden County School Board and 

through their undersigned attorney and move that their case be 

consolidated for trial with TCA 73-177, Campbell v.Gadsden County 

School Board. 

MEMORANDUM OF LAW 

Rule 42(a) of the Federal Rules of Civil Procedure states: 

(a) Consolidation. When actions involving 
a common question of law or fact are pending 
before the court, it may order a joint 
hearing or trial of any or all the matters 
in issue in the actions; it may order all the 
actions consolidated; and it may make such 
orders concerning proceedings therein as may 
tend to avoid unnecessary costs or delay. 

Plaintiffs in McGill have filed a Motion For Relief From 

Judgment, alleging a change in the law rendered by Kirksey wv. 

Board of Supervisors of Hinds County Mississippi, entitled them to 



> 

® 

prospective relief previously denied by this Court in its Final 

Judgment and Opinion filed July 22, 1974. The Campbell case is 

presently on remand from the Fifth Circuit, and Plaintiffs have 

urged the applicability of the Kirksey decision in that case 

also. Common questions of law and fact are present in both bases. 

Both cases were previously consolidated for £vial and appeal. 
The 

attorneys for Plaintiffs in both cases are the same. 

It would be more economical, in both time and expenses, tO 

consolidate these two cases for further consideration by this Co
urt. 

Plaintiffs therefore urge consolidation of these cases, 

pursuant to rule 42(a). 

Respectfully submitted, 

N Net) 
Kent Spriggs/larry 
324 West Zar) 
Tallahassee, Fiorida 32301 
(904) 224-8701 

Jack Greenberg 
Charles Williams 
Legal Defense Fund 
10 Columbus Circle 
New York, New York 10019 

ATTORNEYS FOR PLAINTIFFS 

CERTIFICATE OF SERVICE 

: hereby certify that a copy of the foregoing has been 

furnished by mail to Mr, Alton Towles, Post Office Drawer 549, 

Quincy, Florida 32351, and to Mr. Graham Carothers, Post Office 

Box 391, Tallahassee, Florida 32302, and to Richard Gardn Hr 

201 Quincy State Bank Building, Quincy, Florida this 

am 
day of October, 1977. 

Kent TY Epasey

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Motion to Consolidate

Impact area

Topic

LDF Attorneys

Cooperating Attorneys

Organizations

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

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