Amended Answer to Request for Admissions of Defendants

    IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et al., 

PLAINTIFFS 

VS: C.A.# 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

et al., 

DEFENDANTS 

AMENDED ANSWER TO REQUEST FOR ADMISSIONS 
DEFEND AH ET S 

Come now the defendants Etowah County, Alabama; Lee Wofford, 

in his official capacity as Probate Judge; Billy Yates, in his 

official capacity as Circuit Clerk; and Roy McDowell, in his 

official capacity as Sheriff of Etowah County, and for amended 

answer to the plaintiffs request for admissions say: 

l. Said parties cannot truthfully admit nor deny this 

request for admissions. They have made reasonable inquiry and 

the information known to them or readily obtainable to them is 

insufficient to either or deny. They have no knowledge of what 

the habit or conduct of the State of Alabama, or other counties 

in the State of Alabama was. 

2. Admitted. 

3. Admitted. 

4. Said parties admit that Davis v Schnell enjoined the 

enforcement of the Boswell Amendment. 

5. Admitted.  



  

6. Admitted. 

7. Admitted. 

8. Said parties admit that Act 417 of of the 1963 Regular 

Session of the Alabama Legislature proposed a constitutional 

amendment as set out in Request for Admission 8, but can neither 

admit nor deny that it was defeated by a vote of 30,819 to 

81,693 for that the information known to them or obtainable to 

them is insufficient to either admit or deny that portion of 

Request No. 8. 

9. Admitted except as to the vote for adoption which is 

unknown to these parties. 

10. Admitted. 

11. Admitted. 

12. Admitted. 

13. Admitted. 

14. Admitted. 

15. Admitted. 

16. Admitted. 

17. Admitted. 

18. The answering parties can neither admit nor deny this 

Request for Admission. Said parties have made reasonable 

inquiry and information known to them or obtainable to them is 

insufficient to either admit or deny. 

19. Admitted. 

20. Admitted. 

21. Admitted. 

22. Admitted. 

 



  

23. Admitted. 

24. Admitted. 

25. Admitted. 

26. Admitted. 

27. Admitted. 

28. Admitted. 

29. Admitted. 

30. Admitted. 

31. The parties admit Number 31, except the statement it 

was enacted apparently to prevent compliance with Federal Court 

Orders, which is denied. 

32. Admitted. 

33. The parties admit Number 33, except the statement that 

no black graduated from the law school from until 1977, which 

statement the parties cannot truthfully admit nor deny. Said 

parties have made reasonable inquiry and information known to 

them or readily obtainable to them is insufficient to either 

admit or deny said statement. 

34. Admitted. 

35. Admitted. 

36. Admitted. 

37. Admitted. 

38. Admitted. 

39. Admitted. 

40. Admitted. 

41. Admitted. 

42, Admitted. 

 



  

43. Admitted. 

44. Admitted. 

45. Admitted. 

46. Admitted. 

47. Admitted. 

48. Admitted. 

49, Admitted. 

50. Admitted. 

51. Admitted. 

52. Admitted. 

53. Admitted. 

54. Admitted. 

55. Admitted. 

56. The answering parties in Etowah County cannot 

truthfully admit nor deny this Request for Admission. The 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

57. Admitted. 

58. The parties in Etowah County cannot truthfully admit 

nor deny this Request for Admission. The parties have made 

reasonable inquiry and the information known to them or readily 

obtainable to them is insufficient to either admit or deny. 

60. Admitted. 

61. The parties in Etowah County cannot truthfully admit 

nor deny this Request for Admission. They have made reasonable 

inquiry and the information known to them or readily obtainable 

 



  

  

to them is insufficient to either admit nor deny. The paperback 

book "An American Dilemma" is not available to them. The 

request for admission calls for an interpretation of the 

writings of Myrdal. 

62. Admitted. 

63. Admitted. 

64. Admitted. 

65. Admitted. 

66. Admitted. 

67. Admitted. 

68. Admitted. 

70. The parties in Etowah County cannot truthfully admit 

nor deny this request for admission. Said parties have made 

inquiry and the information known to them or readily obtainable 

to them is insufficient to either admit nor deny. They do not 

have access to the book "An American Dilemma" and have no 

knowledge of Myrdal, his writings, books, or observations. 

71. Admitted. 

72. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admission. The 

parties have made reasonable inquiry and the information known 

to them or obtainable to them is insufficient to either admit or 

deny. 

73. Admitted. 

74. Admitted. 

 



75. The parties in Etowah County cannot truthfully admit 

nor deny this request for admission. Said parties have made 

inquiry and the information known to them or readily obtainable 

to them is insufficient to either admit nor deny. 

76. The parties in Etowah County cannot truthfully admit 

nor deny this request for admission. Said parties have made 

inquiry and the information known to them or readily obtainable 

to them is insufficient to either admit nor deny. 

77. Admitted. 

78. Admitted. 

79. Admitted. 

80. Admitted. 

8l. Denied. 

82. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

83. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

84. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny.  



  

85. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

86. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

87. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

88. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

89. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

 



  

90. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

91. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

92. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admissions. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. 

93. Admitted. 

94. Denied. 

95. Admitted. 

96. Admitted. 

97. Admitted. 

98. The answering parties in Etowah County cannot 

truthfully admit nor deny this request for admission. Said 

parties have made reasonable inquiry and the information known 

to them or readily obtainable to them is insufficient to either 

admit or deny. They have no knowledge of what empirical studies 

published by "reputable political scientists" say. 

 



  

99. Denied. 

100. The answering parties object to request for admission 

100 as the information requested calls for opinion only. 

101. The answering parties object to request for admission 

101 as the information requested calls for opinion only. 

FLOYD, KEENER & CUSIMANO 

ATTORNEYS FOR DEFENDANTS 

Etowah County, Alabama; Lee 

Wofford; Billy Yates; and 
Roy Se 

LL 
RA 
816 Chestnut ay 
Gadsden, AL 35999-2701 
(205) 547-6328 

  

I hereby certify that a copy of the foregoing has been 
mailed Larry. T. Menefee, Attorney, P. O. Box 1051, Mobile, 
Alabama 36633; Terry G. Davis, P. O. Box 6215, Montgomery, 
Alabama 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 
Street, l6th Floor, New York, New York 10013; Edward Still, 714; 
South 29th Street, Birmingham, AL 35233; and Reo Kirkland, Jr., 
P. O. Box 646, Brewton, AL 36427, this the _\2-day of February, 
1986. 

OF COUNSEL