Motion of Defendants-Appellants for Leave to File Supplemental Brief
Public Court Documents
June 9, 1977

5 pages
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Case Files, Bolden v. Mobile Hardbacks and Appendices. Motion of Defendants-Appellants for Leave to File Supplemental Brief, 1977. c1a658c0-cdcd-ef11-8ee9-6045bddb7cb0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a81ca53f-0442-4527-91bc-3934ab9eecfc/motion-of-defendants-appellants-for-leave-to-file-supplemental-brief. Accessed June 13, 2025.
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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