Defendants Answer to Plaintiffs' Second Discovery Request

    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 
* 

ANSWER OF ETOWAH C EF END 

TO PLAINTIFFS' SECOND DISCOVERY REQUEST 

Come now the Etowah County defendants and for answer to the 

plaintiffs' second discovery request says that with respect to 

the legislative history pertaining to Etowah County as listed in 

the plaintiffs' second discovery request, these defendants can 

neither admit nor deny the existence, validity, terms, or 

conditions of the Acts designated as enacted on February 13, 

1879; December 2, 1890; or August 11, 1927. Those legislative 

acts are presently available to the defendants to review and 

with the shortened time given to answer this discovery request, 

insufficient time was given to obtain copies of the same. 

As to the other Acts listed in the computer print-out 

applying to Etowah County; on September 12, 1966, a Legislative 

Act was adopted, but was later declared unconstitutional and of 

no force and effect in the Circuit Court of Etowah County, 

Alabama, in an action styled "Robert Baker vs. Wiley Hickman, as 

Judge of Probate of Etowah County, Alabama, Case No. 21,010-M, 

 



  

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in Equity". The judgment and decree of that court declaring the 

1966 Act unconstitutional on the basis that it was not properly 

advertised or published before being passed, was entered on 

February 21, 1968. 

The Etowah County Commission operates under an Act not 

listed in your computer print-out. On September 9, 1955, Act 

No. 398, was adopted by the State Legislature. This Act has 

been in force and effect since September 6, 1955, and is the Act 

followed for the election of associate commissioners in Etowah 

County. 2 

On August 20, 1973, an Act No. 439 was passed amending 

Section 2 of Act No. 398 above referred to. The amendment 

provided for the election of the Chairman of the County 

Commission by the qualified electors in the entire county and 

provided for a six year term for the chairman of the commission. 

FLOYD, KEENER & CUSIMANO 
ATTO YS RES wig TS 

BY 
CRT 

oa Chestnut i 

Gadsden, AL 35999-2701 

  

CERTIFICATION 

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, 16th 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, J the 22 day of February, 
1986. 

  

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