Proposed Amended Answer of Defendants to Plaintiff's Second Amended Complaint
Public Court Documents
October 20, 1978
2 pages
Cite this item
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Case Files, Campbell v. Gadsden County District School Board Hardbacks. Proposed Amended Answer of Defendants to Plaintiff's Second Amended Complaint, 1978. afc12cff-a111-f111-8407-0022482cdbbc. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/f0672675-5b40-4c4f-b2fc-8f642a439104/proposed-amended-answer-of-defendants-to-plaintiffs-second-amended-complaint. Accessed March 05, 2026.
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
WITT CAMPBELL, for Himself and
Others Similarly Situated,
Plaintiffs,
GADSDEN COUNTY SCHOOL BOARD,
et al.,
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VS. ) TCA 73-177
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Defendants. )
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PROPOSED AMENDED ANSWER OF DEFENDANTS
TO PLAINTIFF'S SECOND AMENDED COMPLAINT
COME NOW the Defendants, by and through their undersigned
attorneys, and for answer to the Second Amended Complaint, say:
1. The Defendants deny the allegation in paragraph 1.
2. The Defendants deny the allegations in paragraph 2.
3. The Defendants admit the allegations of the first, third
and fifth sentences; and deny the allegations of the second,
eighth and ninth sentences; and are without knowledge or informa-
tion sufficient to form a belief as to the truth of the allega-
tions of the fourth, sixth and seventh sentences.
4. The Defendants are without knowledge or information
sufficient to form a belief as to the truth of the allegations
of paragraph 4.
5. The Defendants admit the allegations of paragraph 5
except they deny that no black citizen has ever been elected
to the School Board. On September 12, 1978 a member of the
black race, Mr. Harold Henderson, was elected to be a member
of the School Board of Gadsden County, Florida. Defendants
affirmatively allege that each member of the School Board of
Gadsden County, Florida, must reside in the resident district
from which he or she runs.
6. The Defendants admit the allegations of the first and
second sentences of paragraph 6 and further admit that Article
IX, Section 4 of the Constitution of the State of Florida is
AUSLEY, MCMULLEN, MCGEHEE, CAROTHERS & PROCTOR
P. O. Box 381 TALLAHASSEE, FLORIDA 32302
TELEPHONE (904) 224-9115
constitutional on its face. The Defendants deny each and every
remaining allegation contained in paragraph 6.
7. The Defendants admit the first sentence of paragraph 7,
and deny the second sentence of paragraph 7.
8. The Defendants deny the allegations of paragraph 8.
9. The Defendants deny the allegations of paragraph 9.
10. The Defendants deny the allegations of paragraph 10.
11. The Defendants deny the allegations of paragraph 11.
12. The Defendants deny the allegations of paragraph 12.
13. The Defendants deny the allegations of paragraph 13.
DATED this the DORE day of October, 1978 on which date a
copy of the foregoing was furnished by Hand Delivery to Kent Spriggs,
Esquire, 324 West College Avenue, Tallahassee, Florida 32301 and
by United States mail to Jack Crosby, Esquire and Charles
Williams, Esquire, Legal Defense Fund, 10 Columbus Circle, New
York, N.Y. 100189.
RICHARD J. GARDNER
201 Quincy State Bank Building
Quincy, Florida 32351
and
C. GRAHAM CAROTHERS and
MICHAEL PEA
Ausley, McMullen, McGehee,
Carothers & Proctor
Post Office Box 391
Tallahassee, Florida 32302
(904) 224-9115
ATTORNEYS FOR DEFENDANTS.
AUSLEY, MCMULLEN, MCGEHEE, CAROTHERS & PROCTOR
P. O. Box 391 TALLAHASSEE, FLORIDA 32302
TELEPHONE (904) 224-9115