SIMS v. BAGGETT

Civ. A. No. 1744-N.

247 F.Supp. 96 (1965)

M. O. SIMS et al., Plaintiffs, R. E. Farr et al., Intervening Plaintiffs, United States of America, Plaintiff and Amicus Curiae, v. Agnes BAGGETT, Secretary of State of the State of Alabama, et al., Defendants.

United States District Court M. D. Alabama, N. D.

October 2, 1965.


Attorney(s) appearing for the Case

Charles Morgan, Jr., Birmingham, Ala., Robert H. Loeb, Birmingham, Ala., for plaintiffs.

Cooper, Mitch, Johnston & Crawford, Jerome Cooper, Birmingham, Ala., for R. E. Farr, Marshall Meadows, Jack Hopping, Jack Ryan and Max W. Morgan.

David J. Vann, Robert S. Vance and C. H. Erskine Smith, Birmingham, Ala., for David J. Vann, Robert S. Vance, and Richard P. Humphrey, Jr.

Ben Hardeman, U. S. Atty., Montgomery, Ala., John Doar, Asst. Atty. Gen., Civil Rights Division, Department of Justice, Washington, D. C., and Charles Nesson, Attorney, Department of Justice, Washington, D. C., for plaintiff and amici curiæ.

Richmond M. Flowers, Atty. Gen., State of Alabama, Montgomery, pro se, and for Secretary of State.

Boswell & Smith, Geneva, Ala., for Harrell Hammonds.

Roy D. McCord and H. G. Rains, Gadsden, Ala., for Roy Mayhall and H. G. Rains.

T. G. Gayle, J. E. Wilkinson, Jr., McLean Pitts, Selma, Ala., and Rankin Fite, Hamilton, Ala., for B. A. Reynolds and Frank Pearce.

Before RIVES, Circuit Judge, and THOMAS and JOHNSON, District Judges.


PER CURIAM:

In our earlier opinion and decision,1 we reapportioned both Houses of the Alabama Legislature only moderately and provisionally in the hope that the strangle hold would be broken and that the Legislature would then provide for a true reapportionment. The Supreme Court affirmed the judgment of this Court and remanded this case for further proceedings consistent with the views stated in its opinion.2

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