HADNOTT v. AMOS

Civ. A. Nos. 2757-N, 3171-N.

320 F.Supp. 107 (1970)

Sallie M. HADNOTT, Reverend William McKinley Branch, Jack Drake, John Henry Davis, Robert P. Schwenn, Thomas Wrenn, Dr. John L. Cashin, Jr., and the National Democratic Party of Alabama, a corporation, for themselves jointly and severally, and for all others similarly situated, Plaintiffs, United States of America, Amicus Curiae and Party, v. Mabel S. AMOS, as Secretary of State of Alabama, et al., Defendants, Edward F. Mauldin, as Chairman of Alabama Citizens for Humphrey-Muskie, for himself and all others persons similarly situated, Defendant-Intervenor. Emmett F. HILDRETH, Complainant-Respondent, v. Mabel S. AMOS, in her capacity as Secretary of State of the State of Alabama, J. Dennis Herndon, in his capacity as Probate Judge of Greene County, Alabama, R. J. Westbrook, in his capacity as Probate Judge of Marengo County, Alabama, W. E. Dearman, in his capacity as Probate Judge of Sumter County, Alabama, Defendants, and Jack Drake, Defendant-Petitioner.

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

October 19, 1970.


Attorney(s) appearing for the Case

Charles Morgan, Jr., Reber F. Boult, Jr., Norman Siegel, ACLU, Atlanta, Ga., Orzell Billingsley, Jr., Birmingham, Ala., and George W. Dean, Jr., Destin, Fla., for plaintiffs.

Jerris Leonard, Asst. Atty. Gen., Civil Rights Division, U. S. Dept. of Justice, Craig M. Crenshaw, Atty., Civil Rights Division, U. S. Dept. of Justice, Washington, D. C., and Ira DeMent, U. S. Atty., Montgomery, Ala., for United States.

MacDonald Gallion, Atty. Gen., of Alabama, John Bookout, William N. McQueen, Leslie Hall and Gordon Madison, Asst. Attys. Gen. of Alabama, Montgomery, Ala., for defendants Amos, Grouby and other Probate Judges, Governor Brewer and MacDonald Gallion.

L. Drew Redden, Rogers, Howard, Redden & Mills, Birmingham, Ala., for defendant Amos.

Perry Hubbard, Tuscaloosa, Ala., for defendants Herndon, Lee and Yarbrough.

Ralph Banks, Eutaw, Ala., for defendants Seale, Henderson, Carpenter, Drummond, Gould and Owens.

R. Clifford Fulford, Levine, Fulford & Pope, Birmingham, Ala., for defendant-intervenor Mauldin. In Civ.A. No. 2757-N.

R. Clifford Fulford, Levine, Fulford & Pope, Birmingham, Ala., for complainant-respondent Hildreth.

MacDonald Gallion, Atty. Gen. of Alabama, Leslie Hall and Gordon Madison, Asst. Attys. Gen. of Alabama, Montgomery, Ala., and Perry Hubbard, Tuscaloosa, Ala., for defendants.

Charles Morgan, Jr., Reber F. Boult, Jr., Norman Siegel, ACLU, Atlanta, Ga., Orzell Billingsley, Jr., Birmingham, Ala., and George W. Dean, Jr., Destin, Fla., for defendant-petitioner Drake. In Civ. A. No. 3171-N.

Before GODBOLD, Circuit Judge, and JOHNSON and PITTMAN, District Judges.


GODBOLD, Circuit Judge:

The numerous issues in these consolidated cases concern elections and voting.

In Hadnott v. Amos, No. 2757-N, plaintiffs challenge the action of Mabel S. Amos, as Secretary of State of the State of Alabama, in accepting for filing, for use on election ballots, party emblems that are so like the emblem earlier filed by the predominantly black National Democratic Party of Alabama (NDPA) as to be likely to mislead the voters. The plaintiffs...

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