Motion to Dismiss or Transfer and Brief in Support of Motion
Public Court Documents
January 21, 1986
3 pages
Cite this item
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Case Files, Dillard v. Crenshaw County Hardbacks. Motion to Dismiss or Transfer and Brief in Support of Motion, 1986. c90697c7-b8d8-ef11-a730-7c1e527e6da9. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/6f2f1309-2759-416d-8b1f-15e479090da2/motion-to-dismiss-or-transfer-and-brief-in-support-of-motion. 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 als, )
PLAINTIFFS )
VS: ) CASE NO. 85-T-1332-N
CRENSHAW COUNTY, ALABAMA, )
et als,
DEFENDANTS
MOTION TO DISMISS OR TO TRANSFER
Come the defendants Calhoun County, Arthur C. Murray, R.
Forrest Dobbins and Roy C. Snead, (collectively, Calhoun County)
and move the Court for an order dismissing the action for improper
venue, or, in the alternative to transfer the action, as to Calhoun
County, to the United States District Court for the Northern
District of Alabama.
As grounds, these defendants show that only its own citi-
zens have standing to sue it over the matters raised in this
action, and, further, that the only proper venue for such an action
is the Northern District of Alabama wherein these defendants reside.
BURNHAM, KLINEFELTER, HALSEY,
JONES & CATER, P. C.
| herehy ceriify that a copy hereof has been personally Attorneys for Defendants
handel or miatled, property addressed, first class pest:
nee precaid, to counsel ior ali parties to this proceeding
this 15 day of January , 18 86.
BURNHAM. KLINEFELTER, HALSEY, JONES & CATER. P.C.. ATTORNEYS, BOX 1618, ANNISTON, ALABAMA 36202
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOHN DILLARD, et als, )
PLAINTIFFS )
VS: ) CASE NO. 85-T-1332-N
CRENSHAW COUNTY, ALABAMA, )
et als, ]
DEFENDANTS |
BRIEF IN SUPPORT OF |
CALHOUN COUNTY'S MOTION
TO DISMISS OR TO TRANSFER
The Calhoun County defendants have filed a motion to
dismiss the above entitled action or to transfer it to the United
States District Court for the Northern District of Alabama pursuant
to 28 D.8.CeS1404{a)., Por the following reasons, the motions
should be granted.
The proper venue in a class action is governed by the |
|
normal venue rules Wright & Miller, Federal Practice and Procedure
€1757. In federal question cases venue is correct in the district
where all defendants reside or in the district where the action
arose. 28 U.S.C. §1391. Calhoun County and its three election com- |
mission members are all clearly residents of the Northern District
of Alabama, not the Middle District. Any actions taken by the
defendants or which these defendants refused to take occurred in
the Northern District of Alabama.
BURNHAM, KLINEFELTER. HALSEY, JONES & CATER. P.C., ATTORNEYS. BOX 1618, ANNISTON, ALABAMA 36202
-D
This action is due to be dismissed as to these defendants.
Alternatively, the portion of the action which is broughty by
Calhoun County residents may be severed and transferred, pursuant
to 28 U.S.C. -S1404(a) to the Northern District of Alabama.
BURNHAM, KLINEFELTER, HALSEY,
JONES & CATER, P. C.
Attorneys for Defendants
Hobo
Bae Ra =
P. OO. Box 1618
Anniston, AL 36202
‘ Lr / i /
BY: 2x
/ « z
Herbert D. Jones, Jr. /
P. O. BOX "1613
Anniston, AL 36202
BY:
| he v certify that 2 ny hzreol has bear personally
ri or meiled, pro / addi C 33.
d, to coun Pali] ding
15, January 86
O S C y 2 .
Burnham, Klinejé/ cries & Cater, P.C.
BY: