Additional Memorandum and Exhibits in Support of Defendants' Motion to Dismiss

    UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, ET AL, 
PLAINTIFFS 

VS. CIVIL ACTION #85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 
ET AL, 

DEFENDANTS. 

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ADDITIONAL MEMORANDUM AND EXHIBITS 
IN SUPPORT OF PICKENS COUNTY'S DEFENDANTS' 

MOTION TO DISMISS 

  

  

  

Now come the Pickens County Defendants, pursuant to the 

instructions of the Court’ and file this additional memorandum 

and additional exhibits in support of its motion to dismiss and 

in particularly with said defendants' defense of Res Judicata: 

l. Pages One and Two of Plaintiff's Memorandum in Support of 

Partial Summary Judgment in Corder vs. Kirksey filed August 27, 
  

1974, wherein Plaintiff urged compliance with Voting Rights Act 

of 1965 (42 USC §1973C). 

2 Plaintiff's Motion for Injunctive Relief in Corder vs. 
  

Kirksey of January 28, 1976, wherein Plaintiff seeks compliance 

with the Voting Rights Act of 1965 (42 USC §1973C). 

3. Certified record on appeal from the office of James E. 

Vandegrift, Clerk, U. S. District Court, Northern District of 

Alabama, dated September 10, 1976, in the case of Corder vs. 
  

Kirksey. 

4. Certified record in Corder vs. Kirksey dated October 2, 1980, 
  

from the Office of U. 5S. District Court Clerk, James BE. 

 



  

Vandegrift, Northern District of Alabama. 

5 Pages Vv, 6 and 12 of Petition for Rehearing filed by 

Plaintiffs in the Fifth Circuit U. S. Court of Appeals in Corder 

vs. Kirksey dated April 14, 1981, wherein Plaintiff is urging 
  

Court to rule in its favor pursuant to 1965 Voting Rights Act (42 

usc §1973A and 42 UsC §1973C). 

6. Pages v, 6 and 12 of Plaintiffs! Suggestion for Hearing En 

Banc in Corder vs. Kirksey wherein Plaintiffs are claiming relief 
  

under the 1965 Voting Rights Act (42 USC §1973A and 42 USC 

§1973C). 

7. Pages 6 and 8 of Plaintiffs! Supplemental Memorandum 

Regarding Suggestion for Rehearing En Banc and Petition for 

Rehearing in Corder vs. Kirksey dated July 30, 1982. The said 
  

Supplemental Memorandum clearly urges upon the Court and makes a 

claim under the amended version of the 1965 Voting Rights Act. 

(Section 2 of the Voting Rights Act, 42 USC §1973). 

8. Certified copy of the Court Opinion of March 16, 1981, in 

Corder vs. Kirksey from the United States Court of Appeals, 
  

Eleventh Circuit. This October 12, 1982, decision of the 

Eleventh Circuit clearly disposed of all of plaintiffs' arguments 

concerning the constitutional provisions as well as the statutory 

provisions of the 1965 Voting Rights Act and in particular 42 USC 

§1973A as amended. 
  

9. Pages 1 through 16 of the Appendix filed in the United States 

Court of Appeals for the Fifth Circuit in Corder vs. Kirksey 
  

which consists of the original Complaint filed November 15, 1973. 

 



  

Said complaint seeking relief under 1st, 13th, 14th and 15th 

Amendments of the Constitution of the United States and 42 USC 

§1973, §1983, §1985(3) and §1973C. 

10. Pages i, vii, 3, 7, 8, 9, 10, 17, 18,19, 20, 21 and 109A of 

Petition for Writ of Certiorari filed in the Supreme Court of the 

United States, October Term, 1982. Said petition showing clearly 

and unequivocally plaintiffs' claim under Section 2 of the Voting 

Rights Act, 42 USC §1973, as amended. Extensive argument and 
  

memoradum under Section 2 of the 1965 Voting Rights Act, as 

amended. 

ll. Copy of the Order of che Supreme Court of the United States 

dated February 28, 1983, wherein the Petition for Writ of 

Certiorari of the said Plaintiffs was denied. 

IT IS, THEREFORE, respectfully requested that the Court 

grant said Pickens County Defendants' Motion to Dismiss. 

Respectfully submitted, 

ATTORNEY FOR PICKENS COUNTY 
DEFENDANTS 

RT” 
  

W. O. KIRK, JR. 
CURRY & KIRK 
P. O. BOX A-B 
CARROLLTON, AL 35447 
TELEPHONE: (205) 367-8125 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing 
Memorandum and Exhibits upon: 

Wanda J. Cochran 

Larry T. Menefee 
James U. Blacksher 

Blacksher, Menefee & Stein, P. A. 
405 Van Antwerp Building 
P. O. Box 1051 
Mobile, AL 36633 

Terry Davis 
Seay and Davis 
732 Carter Hill Road 
P. O. Box 6215 
Montgomery, AL 36104 

Julius L. Chambers 

Deborah Fins 

Legal Defense Fund 
99 Hudson Street 

léth Floor 

New York, New York 10013 

W. Edward Still 

Reeves and Still 

714 South 29th Street 

Birmingham, AL 35233 

Reo Kirkland, Jr. 

Attorney at Law 

P. O. Box 646 

Brewton, AL 36427 

by placing copies of the same in the United States Mail properly 
addressed and postage paid this A) of February, 1986. 

Yk 
  

W. O. KIRK, JR., ATTORNEY FOR 
PICKENS COUNTY DEFENDANTS 

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing Memorandum 
and Exhibits on the other Defendants by serving the following 
attorneys of record: 

Jack Floyd 
Floyd, Kenner & Cusimano 
816 Chestnut Street 
Gadsden, AL 35999 
(ETOWAH COUNTY ) 

D. L. Martin 
215 South Main Street 
Moulton, AL 35650 
and 

David R. Boyd 
Balch and Bingham 
P..O.:Box.78 
Montgomery, AL 36101 
(LAWRENCE COUNTY) 

H. R. Burnum 

P. O. Box 1618 

Anniston, AL 36202 
(CALHOUN COUNTY) 

Alton L. Turner 

404 Glenwood Avenue 

P.O. Box. 207 

Luverne, AL 36049 

(CRENSHAW COUNTY) 

Warren Rowe 

P. O. Box 150 
Enterprise, AL 36331 
(COFFEE COUNTY) 

Barry D. Vaughn 
Proctor and Vaughn 
121 North Norton Avenue 
Sylacauga, AL 35150 
(TALLADEGA COUNTY) 

James W. Webb 

Webb, Crumpton, McGregor, 
Schmaeling & Wilson 
166 Commerce Street 
Montgomery, AL 36101 
and 

Lee M. Otts 
Otts & Moore 

P. O. Box 467 
Brewton, AL 36427 
(ESCAMBIA COUNTY) 

by placing copies of the same in the United States Mail properly 
addressed and postage paid this day of February, 1986. 

! 

  

W. O. KIR JR., ATTORNEY FOR 

PICKENS COUNTY DEFENDANTS