Motion of Defendants-Appellants for Leave to File Supplemental Brief

    IN THE 

  

UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

Nos. 76-4210, 77-2042 

  

WILEY L. BOLDEN, ET AL., 4 

Plaintiffs-Appellees, 4 

vs, * 

CITY OF MOBILE, ET AL), # 

Defendants-Appellants. *# 

  

ON APPEAL FROM THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF ALABAMA 

    

MOTION OF DEFENDANTS-APPELLANTS 
FOR LEAVE TO FILE SUPPLEMENTAL BRIEF 

  

Defendants-Appellants City of Mobile, Alabama, et al., move 

this Court pursuant to F.R.A.P. Rule 28(c) and Local Rule 10(12) 

for leave to file a supplemental brief, and in support thereof 

would show as follows: 

1. Subsequent to the filing of the City's Reply Brief, the 

United States Department of Justice has filed a Brief for the 

United States as Amicus Curiae urging affirmance. Said amicus   

brief was filed June 6, 1977, and received by subscribing counsel 

only four working days in advance of oral argument scheduled for 

June 13, 1977; all other counsel (served by mail) will have been 

served by the United States even later. 

 



  

2. On May 31, 1977, after briefing by all parties was complete, 

the Fifth Circuit rendered its decision en banc in Kirksey v. Board 

  

  

Of Supervisors of Hinds County, Mississippi, No. 75-2212. Kirksey 

is treated in the United States Department of Justice's amicus brief. 

Said decision appears to have direct bearing on the resolution of a 

key issue in the case at bar. 

3. The brief of the United States as amicus relies in part upon   

this Court's decision in Kirksey, and raises points which merit re- 

sponse by the City. The interest of this Court in full exposition 

of the important issues presented in this case will be served if the 

City is granted leave to file a supplemental brief in response. 

Defendants-Appellants will show the consistency of the law of Kirksey 

wlth reversal here. 

4. On April 14, 1977, the Clerk of this Court issued to counsel 

an invitation ''to file and exchange one supplemental brief dealing 

with any relevant decisions that have been rendered since their last 

briefs were filed.” [Kirksey is just such a decision, 

WHEREFORE, Defendants-Appellants respectfully request that this 

Court grant leave for the filing of a supplemental brief on or before 

June 20, 19877. 

 



  

OF COUNSEL: 

Hand, Arendall, Bedsole, 
Greaves § Johnston 

Post Office Box 123 
Mobile, Alabama 36601 

Legal Department of the 
City of Mobile 

Mobile, Alabama 36602 

Rhyne and Rhyne 
400 Hill Building 
Washington, D. C. 20006 

June 7, 1977 

Respectfully submitted, 

C.B.Arendall, Jr. 
William C. Tidwell, LIT 
Travis M. Bedsole, Jr. 
Post Office Box 123 
Mobile, Alabama 36601 

Fred G. Collins, City Attorney 
City Hall 
Mobile, Alabama 36602 

Charles S. Rhyne 
William S. Rhyne 
Donald A. Carr 
Martin W. Matzen 
400 Hill Building 
Washington, D. C. 20006 

f 4 { 
By: Mert 0 £ 
  

Attorneys for Defendants-Appellants 

 



  

IN THE 

UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

    

Nos. 76-4210, 77-2042 

  

WILEY L. BOLDEN, ET AL., * . 

Plaintiffs—-Appellees, * 

VS. * 

CITY OF MOBILE, ET AlL., ® 

Defendants-Appellants. ® 

  

ON APPEAL FROM THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF ALABAMA 

  

ORDER 

Upon the motion of Defendants-Appellants City of Mobile, 

Alabama, et al., it is hereby 

ORDERED that leave to file a supplemental brief on or before 

  

U. 5. Circuit Judge 

 



  

CERTIFICATE OF SERVICE 
  

I do hereby certify that I have on this 7th day of June, 

1977, served a copy of the foregoing Motion of Defendants-Appellants 

For Leave To File Supplemental Brief, and Proposed Order, on counsel 

for all parties to this proceeding, by mailing the same,by United 

States mail, properly addressed, and first class postage prepaid. 

eg 
IW ( LOMA S . NWUANQ or 
  

Attorney for DefendantgtAppellants