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IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

  

  

JOHN DILLARD, ET AL. 

Plaintiffs, 

V. CIVIL ACTION NO. CV 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA 
ET AL., 

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Defendants. 

COMPROMISE AND SETTLEMENT AGREEMENT WITH LAWRENCE 
COUNTY DEFENDANTS REGARDING FEES AND EXPENSES 
  

This compromise and settlement agreement ("agreement") 

is entered into by and between named plaintiffs and the following 

defendants: Lawrence County, qua county, Richard I. Proctor in 

his official capacity as Probate Judge of Lawrence County, Larry 

Smith in his official capacity as Circuit Clerk of Lawrence 

County, and Dan Ligon in his official capacity as Sheriff of 

Lawrence County (hereinafter referred to collectively as 

"Lawrence defendants"). 

WHEREAS, the foregoing complaint was filed November 12, 

1985, pursuant to provisions of the Voting Rights Act. 42 ¥4.S.C. 

sections 1973, el seq.., against Crenshaw County and others, said 

cause being amended December 19, 1985 to include by class 

certification Lawrence defendants and other county groups; and 

WHEREAS, plaintiffs thereafter continued with the said 

cause resulting in final orders against Lawrence County being 

 



  

entered by the court, and 

WHEREAS, plaintiffs filed a motion for award of 

attorneys fees and expenses with the court on or about November 

20, 1986; and 

WHEREAS, plaintiffs and Lawrence defendants have agreed 

to settle their differences as to attorney fees and expenses pro 

tanto reserving all right of plaintiffs to proceed with their 

motion against all remaining parties to this cause of action. 

NOW THEREFORE, in consideration of the promises and 

agreements of the parties, each to the other as set forth in this 

pro tanto settlement, it is hereby agreed as follows: 
  

1. Lawrence County defendants shall pay to plaintiffs 

the sum of $50,000.00 for attorney fees and expenses incurred to 

this date. Said sum shall be payable as follows: $33,333.00 plus 

interest at the rate of six percent per annum from date hereon 

shall be due and payable on or before January 15, 1988; 

$16,667.00 plus interest at the rate of six percent per annum 

from date hereon shall be due and payable in the event plaintiffs 

ultimately prevail on appeal. 

2. Plaintiffs do hereby for themselves, their heirs, 

executors, administrators and assigns, release, acquit, and 

discharge Lawrence defendants, their successors and assigns from 

any and all claims for attorney fees, costs of court and 

expenses, arising out of or connected with the matters and 

occurrences made the basis of this cause of action to date, 

provided, however, that this release does not nor is it intended 

 



to operate as a release or discharge for the liability of any 

  

other party. 

3. Plaintiffs specifically reserve the right to pursue 

said action against all other defendants to this cause or any 

other person or entity other than these Lawrence defendants which 

may be liable to them for such fees, costs or expenses and to 

seek to recover therefrom the full amounts claimed. 

Submitted this the Spt day of Decembexr— , 1986. 
  

BLACKSHER, MENEFEE & STEIN 
Fifth Floor Title Building 
300 Twenty-First Street North 
Birmingham, Alabama 35203 
(205) 322-7300 

  

TERRY G. DAVIS 
SEAY & DAVIS 
732 Carter:Hil1Y1 Road 
Pp. .0..-Box 6125 
Mcntgomery, Alabama 36106 
(205) 834-2000 

DEBORAH FINS 
JULIUS L. CHAMBERS 
NAACP LEGAL DEFENSE FUND 
99 Hudson Street, 16th Floor 
New York, New York 10013 
(212) 219-1900 

EDWARD STILL 
REEVES & STILL 
714 South 29th Street 
Birmingham, Alabama 35233-2810 

(205) 322-6631 

 



REO KIRKLAND, JR. 
307 Evergreen Avenue 
P.O. Box 646 

Brewton, Alabama 36427 
(205) 867-5711 

  

Attorneys for Plaintiffs 

BALCH & BINGHAM 
2 Dexter Avenue 
P.O. Box 78 
Montgomery, Alabama 36101 

BY: Aan y/4 et 
David R. Boyd 

  

Attorney for Lawrence County 
Defendants, Smith & Ligon 

CERTIFICATE OF SERVICE 
  

This is to certify that a copy of the foregoing has 

been served upon the following by depositing same in the United 

States Mail, postage prepaid or by Federal Express, on this the 

30% day of Qeeermbir~ , 1986: 
  

H. R. Burnham, Esq. James W. Webb 
Herbevt D. Jones, Jv., Esg. WEBB, CRUMPTON & MCGREGOR 
BURNHAM, KLINEFELTER, HALSEY, 166 Commerce Street 

JONES & CARTER P.O. Box 235 
401 SouthTrust Bank Building Montgomery, AL 36633 
P.O. Box 1618 (ESCAMBIA COUNTY) 
Anniston, Alabama 36202 

(CALHOUN COUNTY) 

Barry D. Vaughn D. lL. Martin, Esq. 
PROCTOR & VAUGHN 215 South Main Street 
121 North Norton Avenue ioulton, AL 35650 

Sylacauga, AL 35150 (LAWRENCE COUNTY, SMITH & LIGON) 
(TALLADEGA COUNTY) 

 



  

WM. 0. Kirk, Jr., £34Q. 
CURRY & KIRK 
Phoenix Avenue 
P.0. Box A-B 

Carrollton, Alabama 35447 

(PICKENS COUNTY) 

Jack Floyd, Esq. 
FLOYD, KEENER & CUSMIANO 
816 Chestnut Street 
Gadsden, AL 35999 
(ETOWAH COUNTY) 

Warren Rowe, Esq. 
ROWE & SAWYER 
119 E. College Avenue 
P.0.. Box. 150 
Enterprise, AL 36331 
(COFFEE COUNTY) 

John A. Nichols, Esq. 
LIGHTFOOT, NICHOLS & SMYTH 
Bricken Building 
Pp.0.. Box 215 

Luverne, Alabama 36049 

(CRENSHAW COUNTY INTERVENORS) 

Rick: Harris, Esq. 
MOORE, KENDRICK, GLASSROTH, 

HARRIS, BUSH & WHITE 
410 S. Perry Street 
P.0. Box 910 
Montgomery, Alabama 36102 
(CRENSHAW COUNTY) 

BALCH & BINGHAM 

Amt 2 
  

David R. Boyd