Defendants' Second Set of Interrogatories to Plaintiff

    IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

JOHN HUTLEY, WITT CAMPBELL, 

Plaintiffs, 

VS. TCA 73-177 

GADSDEN COUNTY SCHOOL BOARD, 
et al., 

Defendants. 

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DEFENDANTS' SECOND SET OF 

INTERROGATORIES TO PLAINTIFF 

Pursuant to Rule 33, Federal Rules of Civil Procedure, 

Defendants propound the following Interrogatories to Plaintiff 

and class representative Witt Campbell to be answered under oath: 

1. What are the particularized interests of the black 

electors of Gadsden County with respect to the School Board of 

Gadsden County, Florida? 

2. Explain how each particularized interest identified 

in response to interrogatory number 1 was ascertained. 

a) If an interest or interests were determined 

to exist through a public opinion poll, 

please give the date of the poll and the 

name and address of the person or organiza- 

tion conducting it. 

3. For each interest identified in response to interroga- 

tory number 1 as being particularized to black voters, explain 

how it differs from the interests of all white voters in Gadsden 

County. 

4. For each interest identified in response to interroga- 

tory number 1 as being particularized to black voters, explain 

how it differs from the interests of white voters in Gadsden 

County who have the same socio-economic status as the majority 

of black voters in Gadsden County. 

5. List each instance in which plaintiff alleges or intends 

to prove that defendants have been unresponsive to the particularized 

interests of black voters. 



6. For each instance named in answer to interrogatory 

number 5 give the following information: 

a) The name and address of each person who 

has knowledge of each instance and the 

instance of which they have knowledge. 

b) The location, place and date of each 

alleged unresponsive act. 

c) Plaintiff's source of information about 

each alleged unresponsive act. 

d) The name of each person now a defendant 

in this suit who participated in each 

named act of unresponsiveness and identify 

the act. 

e) Describe the action of each person named 

in (d) above which constituted participa- 

tion in the alleged unresponsive act. 

f) For each alleged act of unresponsiveness 

list the name and address of each witness 

plaintiff plans to have testify at trial 

concerning that act. 

g) For each witness listed in (f) above give 

a summary of what the witness' testimony 

will be. 

h) For each alleged act of unresponsiveness 

given at 4 above, explain how each defend- 

ant in the case was made aware of each 

particularized interest to which that 

defendant was allegedly unresponsive. 

i) For each witness plaintiff intends to have 

testify about the matters asserted in answer 

to (h) above, list the witness' name, address 

and summary of his testimony. 



7. Describe how at-large school board elections unconstitu- 

tionally diluted the vote of black electors when a majority of 

the registered voters in Gadsden County are black (as in 1972). 

8. Describe how at-large school board elections unconstitu- 

tionally diluted the vote of black electors when the majority of 

registered Democratic electors are black. 

9. In answer to defendants' interrogatories class repre- 

sentative John Hutley stated that when Witt Campbell ran for 

superintendent of schools in 1972 there were 7,715 registered black 

voters and 7,713 registered white voters. Explain what factors 

today, if any, prohibit blacks from being the majority of registered 

voters in Gadsden County. 

10. For each factor listed in 9 above, list the name and 

address and summary of the testimony of each witness whom plaintiff 

plans to have testify about that factor. If plaintiff will not use 

witness testimony, explain how plaintiff intends to prove each 

factor. 

11. In Gadsden County how many blacks and how many whites are 

presently eligible to register to vote? 

a) Give the source of plaintiff's informa- 

tion in answering this interrogatory. 

12. How many black and how many white electors are presently 

registered to vote in Gadsden County? 

a) Give the source of plaintiff's informa- 

tion in answering this interrogatory. 

13. How many white persons are presently registered to vote 

as Democrats in Gadsden County and how many black persons are 

presently registered to vote as Democrats in Gadsden County? 

a) Give the source of plaintiff's informa- 

tion in answering this interrogatory. 

14. As class representative are you prepared to pay costs 

and attorney's fees in the event the defendants are the prevailing 

party and the Court should award them fees as provided in 42 U.S.C., 

$1973 1° H{e)? 



15. List those financial assets from which you can pay 

Court costs and attorney's fees if they should be awarded. 

a) For each asset give its present value 

in dollars. 

b) Give your gross annual income. 

16. List the name and address of each witness plaintiff 

intends to present at the trial of this case, and if not already 

described in plaintiff's foregoing answers, give a summary of each 

witness' testimony. 

RICHARD J. GARDNER 

201 Quincy State Bank Building 
Ouincy, Florida 32351 

and 

C. GRAHAM CAROTHERS and 

AA 2ZANA 1 
MICHAEL, PEARCE “DODSON of 
Ausley, McMullen, McGehee, 

Carothers and Proctor 

Post Office Box 391 
Tallahassee, Florida 32302 

(904) 224-9115 

ATTORNEYS FOR DEFENDANTS. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a copy of the foregoing has been 

furnished by United States mail to Kent Spriggs, Esquire, 324 

W. College Avenue, Tallahassee, Florida 32301 and Jack Greenberg 

and Charles Williams, Legal yo) Fund, 10 Columbus Circle, 

New York, New York 10019 this G21 auy of April, 1977. 

Wlddlliargsodn. 
MICHAEL PEARCE DODSON’