Savannah Sugar Refining Corp v Baxter Brief of Respondent in Opposition to Certiorari

    IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, ET AL., 

Plaintiffs, 

VS. CIVIL ACTION NO. 35~T-1332~N 

CRENSHAW COUNTY, ALABAMA, 

ET AL., 

Defendants. 

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CRENSHAW COUNTY INTERVENORS RESPONSE TO PLAINTIFF'S 
  

MOTION FOR AWARD OF ATTORNEYS' FEES AND EXPENSES 
  

Comes now Billy J. Sexton, Jerry L. Hudson, Walter Barnett 

King, Aubrey Alford and John Bryce Smith, hereinafter referred to 

as Intervenors and in response to the Plaintiffs' Motion For 

Award of Attorneys' Fees and Expenses say as follows: 

l. The Intervenors deny that the Plaintiffs were the 

prevailing parties as far as the interest of four out of the five 

Intervenors and further deny that the Plaintiffs did obtain all 

the relief in the remedial contempt motion. 

2. Intervenors deny that the Plaintiffs' Motion To Enjoin 

The November 4 General Elections For The Crenshaw County 

Commission contained novel or procedural questions as did 

possibly the prior litigation. Intervenors further respond that 

said Motion To Enjoin the November 4 Elections only involved one 

county as opposed to the multiple Defendants and multiple 

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jurisdictions which were involved in the initial litigation. 

3. 1Intervenors aver that the time and expenses expended by 

the Plaintiffs in said remedial action were a duplication of the 

time and expenses which would have been required in pursuant of 

said motion in that said motion was diligently opposed by three 

of the remaining Defendants, viz: Ira T. Harbin, Chairman of the 

Crenshaw County Commission, Frances Smith, Sheriff of Crenshaw 

County, and Ann Tate, Clerk of the Circuit Court of Crenshaw 

County. 

oly Intervenors further respond that they are not liable 

jointly as to any fees or expenses with any other Defendants 

other than possibly the Crenshaw County Defendants who have 

settled the fee issue matter with said settlement being approved 

by this Court. 

5. Intervenors further respond that the rates requested by 

plaintiff's attorneys are not reasonable in view of the 

litigation in which the Intervenors were involved. 

6. Intervenors aver that they are unable to ascertain from 

Plaintiff's Motion For Award of Attorneys' Fees and Expenses 

what, if any, time and expenses were directly attributable to 

their intervention in this matter. 

7. Intervenors further assert that they have no liability 

for any fees or expenses for which the time and expenses are not 

directly attributable to the Plaintiff's work and expenses caused 

solely by the intervention of said Defendants. The Intervenors 

aver that if they have any liability for any fees and expenses  



    

that the Plaintiffs should be required to separate and identify 

said time and expenses from that of any other Defendants. 

Bet Intervenors respond that the need for the relief 

requested by the Plaintiffs in Plaintiffs' Motion To Enjoin The 

November 4 General Elections For The Crenshaw County Commission, 

was not caused by any action or violation of any law on their 

parts in their individual capacities, but, on the other hand, was 

directly caused by the conduct of the Party Primary Elections 

which were conducted by other Defendants in this matter. 

Plaintiffs assert that their intervention was strictly in their 

individazl capacities and none of the intervening Defendants have 

any control over the election process complained of by 

Plaintiffs. 

LIGHTFOOT, NICHOLS & SMYTH 

of lt 
N A. NICHOLS 

Attorney for Crenshaw County 

Intervenors 

P. O. Box 369 
Luverne, Alabama 36049 
205-335-5628 —- 335-6548 

  

CERTIFICATE OF SERVICE 
  

I hereby certify that copies of the foregoing have been 

mailed to James W. Webb, Esquire, Webb, Crumpton & McGregor, P. 

O. Box 238, Montgomery, Alabama 36101, Larry T. Menefee, 

Esquire, James U. Blacksher, Esquire and Wanda J. Cochran, 

Esquire, Blacksher, Menefee & Stein, 405 Van Antwerp Building, P. 

O. Box 1051, Mobile, Alabama 36633, Terry G. Davis, Esquire, 

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Seay & Davis, 732 Carter Hill Road, P. O. Box 6125, Montgomery, 

Alabama 36106, Deborah Fins, Esquire and Julius L. Chambers, 

Esquire NAACP Legal Defense Fund, 99 Hudson Street, 16th Floor, 

New York, New York, 10013, Jack Ployd, Esquire, Renner '§ 

Cus inanc, 816 Chestnut Street, Gadsden, Alabama 35999, D. iL. 

Martin, Esquire, 215 S., Main Street, Yorleon, Alabama 35650, 

David ‘RR, Boyd, Esquire, Balch & Bingham, P. O. Box. 78, 

Montgomery, Alabama 36101, WwW. OO. Rirk, Jr., Esquire, Curry & 

Kirk, Phoenix Avenue, Carrollton, Alabama 35447, . Barry: D. 

Vaughn, Esquire, Proctor & Vaughn, .121 N. North Avenue, 

Sylacauga, Alabama 35150, H. R. Burnham, Esquire, at 

Klinefelter, Halsey, Jones & Cater, 401 SouthTrust Bank Building, 

P. O. Box 1618, Anniston, Alabama 36202, Warren Rowe, Esquire, 

Rowe, Rowe & Sauter, P. O. Box 150, Enterprise, Alabama 36331, 

Edward Still, Esquire, 714 South 29th Street, Birmingham, Alabama 

35233-2810, Reo Kirkland, Jr., Esquire, P. O. Box 646, Brewton, 

Alabama 36427, and all defendants not represented by counsel by 

placing copies of the same in the United States Mail, postage 

prepaid, this the aad rd sy of Dggcember, 1986. 

0) ) Lu 
    OHX A. NICHOLS 
P70. Box 369 
Luverne, Alabama 36049