Letter from Still to Blacksher Re: Memo on Res Judicata

Correspondence
January 15, 1986

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Letter from Still to Blacksher Re: Memo on Res Judicata preview

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"Res Judicata" is a legal doctrine preventing re-litigation of the same claim.

Impact area
- Political Participation
Topic
- Voting Rights
LDF Attorneys
Cooperating Attorneys
Organizations
Matter
- Dillard v. Crenshaw County
Case
- Dillard v. Crenshaw County
U.S. state
- Alabama
Collection
- Case Files
Taxonomy
Identifier
- e0731ba9-b8d8-ef11-a730-7c1e527e6da9

Cite this item

Case Files, Dillard v. Crenshaw County Hardbacks. Letter from Still to Blacksher Re: Memo on Res Judicata, 1986. e0731ba9-b8d8-ef11-a730-7c1e527e6da9. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5d167f8d-30b3-48d3-ba21-08fa9f991c1f/letter-from-still-to-blacksher-re-memo-on-res-judicata. Accessed April 06, 2025.

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    Reeves and Still Calle: VOTELAW 
Telex: 6502416331 MCI 

attorneys at law MCI Mail: 241-6331 
ABA /net: ABA 1752 

; 714 South 29th Street 

Edward Still Birmingham, AL 35233-2810 
Susan Williams Reeves 205/322-6631 

15 January 1986 

James U. Blacksher 
Blacksher, Menefee & Stein, P.A. 
405 Van Antwerp Bldg 
P.O. Box 1051 

Mobile, AL 36633 

re: Dillard v Crenshaw County 
C.A. No. 85-T-1332-N 

Dear Jim: 

Larry asked me to prepare a memorandum on the res judicata 
issue raised by Pickens County. 

First, this issue has only been raised in a motion to 
dismiss. It is not a proper Rule 12(b) (6) motion, but should be 
raised by a motion for summary judgment. 

Second, assuming that Judge Thompson wants to discuss this 
issue or Buddy Kirk files a motion for summary judgment, Moch v 
East Baton Rouge Parish School Board, 548 F2d 594 (5th Cir 1977) 
answers this question. There, the Court held that the usual 
finality principles do not apply when there has been a change in 
the applicable law, especially on a constitutional issue. 

I don’t remember if I tried Corder v Kirksey before we tried 
Bolden but the two appeals would have been heard together with 
Nevett if Kirk had not had a prior vacation planned and had the 
case removed from the oral argument calendar. The Court later 
remanded Corder twice for reconsideration in light of Nevett and 
then Mobile v Bolden. In effect, we were caught in changing 
standards and never got to retry the case under the Mobile v 
Bolden standard. We certainly never got to try it under amended 
§2. 

 



  

The citations of the opinions are 585 F2d 708 (5th Cir 
1978), 625 F2d 520 (5th Cir 1980), 639 F2d 1191 (5th Cir 1981), 
reh. den. 688 F2d 991 (5th Cir 1982), cert. denied 460 US 1013 
(1983). 

Sincerely, 

Edward Still 

ES/1mf 

cc: Terry G. Davis, Esq. 
Seay & Davis 
P.O. Box 6125 
Montgomery, AL 36106 

Julius L. Chambers, Esq. 
Deborah Fins, Esq. 
NAACP Legal Defense Fund 
99 Hudson Street 
New York, NY 10013 

Reo Kirkland, Jr., Esq. 
P.O. Box. 646 

Brewton, AL 

 



Reeves and Still 
attorneys at law 

714 South 29th Street 

Birmingham, AL 35233-2810 

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Letter from Still to Blacksher Re: Memo on Res Judicata

Impact area

Topic

LDF Attorneys

Cooperating Attorneys

Organizations

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

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