Defendants' Counter-Motion to Plaintiffs' Motion for Reconsideration of Award of Attorneys' Fees with Cover Letter

    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