Defendants' Counter-Motion to Plaintiffs' Motion for Reconsideration of Award of Attorneys' Fees with Cover Letter
Public Court Documents
July 6, 1977
3 pages
Cite this item
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Case Files, Bolden v. Mobile Hardbacks and Appendices. Defendants' Counter-Motion to Plaintiffs' Motion for Reconsideration of Award of Attorneys' Fees with Cover Letter, 1977. a2ebf1d0-cdcd-ef11-b8e8-7c1e520b5bae. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5bb68031-79ad-4239-9122-58b5aa46c94d/defendants-counter-motion-to-plaintiffs-motion-for-reconsideration-of-award-of-attorneys-fees-with-cover-letter. Accessed November 23, 2025.
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CHAS = aman HAND, ARENDALL, BEDSOLE, GREAVES & JOHNSTON MAILING ADDRESS C. B. ARENDALL, JR. TG Boz
T. MASSEY BEDSOLE
THOMAS G. GREAVES, JR. LAWYERS Sa ae.
MIVIAN (9. 2SHNSTON, SR: 30TH FLOOR FIRST NATIONAL BANK BUILDING HAB PAUL W. BROCK
ALEX F. LANKFORD, TIT
EDMUND R, CANNON MOBILE, ALABAMA
LYMAN F. HOLLAND, JR.
J. THOMAS HINES, JR. AREA CODE 205 432-5511
DONALD F. PIERCE
LOUIS E. BRASWELL
HAROLD D. PARKMAN 1 9 7 “7
G. PORTER BROCK, JR. Ju y 6 ’ 1
STEPHEN G. CRAWFORD
JERRY A. MCDOWELL
W. RAMSEY MCKINNEY, JR.
A. CLAY RANKIN, IIT
EDWARD A. HYNDMAN, JR.
MICHAEL D. KNIGHT
G. HAMP UZZELLE, IIL
G. L. LEATHERBURY, JR.
WILLIAM C., TIDWELL IIT
WILLIAM C. ROEDDER, JR.
EDWARD S$. SLEDGE, IIT
TRAVIS M. BEDSOLE, JR.
J. HODGE ALVES, III
CAINE O'REAR, IIT
Jack Greenberg, Esquire
Attorney at Law
10 Columbus Circle
New York, New York 10019
Re: Bolden v. City of Mobile
Civil Action No. 75-297-P
Dear Mr. Greenberg:
Enclosed is a copy of the pleading that we have filed
in this matter today.
Very truly yours,
WW bln < 2 fon
William C. Tidwell, III
For The Firm
WCT.wh
Enc.
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILEY L.. BOLDEN, et al., *
Plaintiffs, *
VS. % CIVIL ACTION NO. 75-297-P
CITY OF MOBILE, et al., ®
Defendants. *
DEFENDANTS' COUNTER-MOTION TO
PLAINTIFFS' MOTION FOR RECONSIDERATION
OF AWARD OF ATTORNEYS FEES
COME the Defendants herein and respectfully show unto
the Court:
1. Plaintiffs are entitled to an award of costs and
attorneys' fees herein only if they are the prevailing parties
in this action. The question of whether they will or will not
be the prevailing parties herein has not yet been determined
and cannot be determined until final judgments may properly
be entered on the appeals which have been taken by Defendants
Hh
of the judgments rendered by this Court on October 22, 1976,
and March 9, 1977.
2. Unless this Court will enter an appropriate order
to protect the Defendants, and each of them, from any obliga-
tion to pay an award to the Plaintiffs for costs and attorneys’
fees unless and until their right, if any, to such an award
has been finally determined, it will be necessary that the
Defendants take a protective appeal from the award which this
Court has rendered. All parties to this litigation will incur
: -3 SER 3 a. - yr 1 —~ 3 - ~ = IE Tal N 7 p ~~ the judicial system, if such an appeal must be taken.
4
—
WHEREFORE, Defendants pray that the Court enter such
order as shall be required to assure that the Plaintiffs
shall receive no award of costs or attornevs' fees if, upon
the final determination of the appeals that have previously
been taken by Defendants herein, the Plaintiffs are not the
prevailing parties herein.
OF COUNSEL:
Hand, Arendall, Bedsole, C. B. Arendall, Jr.
Greaves & Johnston William C. Tidwell, IIT
Post Office Box 123 Post. Office Box 123
Mobile, Alabama 36601 Mobile, Alabama 36601
Legal Department of the Fred G. Collins, City Attorney
City of Mobile City Hall
Mobile, Alabama 36602 Mobile, Alabama 36602
Rhyne & Rhyne Charles S. Rhyne
400 Hill Building 400 Hill Building
Washington, D. C. 20006 Washington, D. C. 20006
By: ¢ FS a : ase
Attorneys for Defendants
/
Fi]
I do hereby certify that I have on this 42” day of July,
Ff 1977, served a copy of the foregoing Defendants’ Counter—-Motion
© Plaintiffs' Motion For Reconsideration Of Award of Attorneys’
Fees on counsel for all parties to this proceeding, by mailing
the same by United States mail, properly addressed, and first