Clark v. Little Rock Board of Education Appellants' Petition for Rehearing En Banc or By The Panel

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

NORTHERN DIVISION 

  

JOHN: DILLARD, ET AlL., 

Plaintiffs, 

VS. CIVIL ACTION NO. 85-T7-1332-N 

CRENSHAW COUNTY, ALABAMA, 

ET AL., 

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Defendants. 

COMPROMISE AND SETTLEMENT AGREEMENT WITH ESCAMBIA COUNTY DEFENDANTS 
  

This compromise and settlement agreement ("agreement") is entered 

into by and between named plaintiffs and the following defendants; 

Martha Kirkland in her official capacity as Probate Judge of Escambia 

County, James D. Taylor in his official capacity as Circuit Clerk of 

Escambia County, Timothy A. Hawsey in his official capacity as Sheriff 

of Escambia County, Devon Wiggins, William Cook, James E. Evans, Sammy 

McGowin, and Weldon Vickrey, in their official capacities as members 

of the Escambia County Commission (hereinafter referred to 

collectively as "Escambia defendants"). 

WHEREAS; the foregoing complaint was filed November 12, 

1985, pursuant to provisions ofthe Voting Rights Act 42 U.S8.C., 

Sections 1973 et seq., against Crenshaw county and others, said cause 

being amended December 19th, 1985 to include by class certification 

Escambia defendants and six other county groups; and 

WHEREAS, a settlement and agreement was reached by and between 

plaintiffs and ‘Escambia defendants, approved by the Court on March 

17th, 1986, with a plan approved by the Justice Department on April 

l4th, 1986, with final approval by the Court on May 5th, 1986; and 

 



  

WHEREAS, plaintiffs did thereafter continue with the said cause 

against other counties and defendants resulting in final orders 

against dineiiitne counties being entered by the Court, and 

WHEREAS, plaintiffs filed a motion for award of attorney fees and 

expenses with the Court on or about November 20th, 1986; and 

WHEREAS, plaintiffs and Escambia defendants have agreed to settle 

their differences as to attorney fees and expenses pro tanto reserving 

all right of plaintiffs tO proceed with thelr 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. Escambia County defendants shall pay to plaintiffs the sum of 

$15,000.00 for attorney fees and expenses incurred to this date. 

2. Plaintiffs do hereby for themselves, their heirs, executors, 

administrators and assigns, release, acquit, and discharge Escambia 

defendants, their successors and assigns from any and all claims, for 

attorney fees, «costs or «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 Escambia defendants which may be liable to them 

 



  

for such fees, costs or expenses and to seek to recover therefrom the 

full amounts claimed. 

ENTERED this the = day of wevembery 1986. 

Ye Vem 
Zatry JI. Menefee | 
Attor for Bee tra 

  

BLACKSHER, MENEFEE & STEIN 

405 Van Antwerp Building 

P.O. Box 1051 
Mobile, Alabama 36633 

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/ 7 

ot ip 
James W. Webb ¢ 
Attorney for Escambia Defendants 

  

WEBB, CRUMPTON & MCGREGOR 
166 Commerce Street 
P.O. Box 238 
Montgomery, Alabama 36101 
(205) 834-3176 

CERTIFICATE OF SERVICE 
  

I hereby certify that copies of the foregoing Compromise 

and Settlement Agreement have been mailed to Larry T. Menefee, 

Esquire, James U. Blacksher, Esquire and Wanda J. Cochran, Esquire, 

Blacksher, Menefee & Stein, 405 Van Antwerp Building, P.O. Box 1051, 

Mobile, Alabama 36633, Terry G. Davis, Esquire, Seay & Davis, 732 

Carter Hill Road, P.O. Box 6125, Montgomery, Alabama 36106, Deborah 

Fins, Esquire, and Julius L. Chambers, Esquire, NAACP Legal Defense 

Fund, 99 Hudson Street, 16th Floor, New York, New York, 10013, dack 

Floyd, Esquire, Floyd, Kenner & Cusimano, 816 Chestnut Street, 

Gadsden, Alabama 35999, Alton Turner, Esquire, Turner & Jones, P.O. 

Box 207, Luverne, Alabama 36049, D.L. Martin, Esquire, 215 S. Main 

Street, Moulton, Alabama 35650, David R. Boyd, Esquire, Balch & 

Bingham, P.O. Box 78, Montgomery, Alabama 36101, W.0. Kirk, Jr, 

Esquire, Curry & Kirk, Phoenix Avenue Carrollton, Alabama 35447, Barry 

D. Vaughn, Esquire, Proctor & Vaughn, 121 N. Norton Avenue, Sy lacauga, 

Alabama 35150, H.R. Burnham, Esquire, Burnham, Klinefelter, Halsey, 

Jones & Cater, 401 SouthTrust Bank Building, P.O. Box 1618, Anniston, 

Alabama 36202, Warren Rowe, Esquire, Rowe, Rowe & Sawyer, P.O. BOX 

 



  

150, Enterprise, Alabama 36331, Edward Still, Esquire, 714 South 29th 

Street, Birmingham, Alabama 35233-2810, Reo Kirkland, Jr., Esquire, 

P.O. Box 646, Brewton, Alabama 36427, and all defendants not 

represented by counsel by placing copies of the same. in, the United 

States Mail, postage prepaid, this the _5 day of fernace 1986. 

=7 { ry 
<2 (Le Sag 
  

James W. i ~