SIMS v. AMOS

Civ. A. Nos. 1744-N, 3017-N, and 3459-N.

365 F.Supp. 215 (1973)

M. O. SIMS, et al., Plaintiffs, R. E. Farr, et al., Intervening Plaintiffs, United States of America, Plaintiff and Amicus Curiae, v. Mabel AMOS, Secretary of State of the State of Alabama, et al., Defendants, Pierre Pelham, et al., Individually and as members of the Joint Legislative Committee of the Legislature of Alabama, etc., et al., Intervening Defendants. E. D. NIXON, et al., Plaintiffs, Alabama Independent Democratic Party, a corporation, Plaintiff-Intervenor, v. George C. WALLACE, as Governor of the State of Alabama, and his successors, et al., Defendants, Pierre Pelham, et al., Individually and as members of the Joint Legislative Committee of the Legislature of Alabama, etc., et al., Intervening Defendants. J. Elbert PETERS, Individually, for himself, and for all others similarly situated, Plaintiff, v. George C. WALLACE, as Governor of the State of Alabama, and Mabel Amos, as Secretary of State of the State of Alabama, Defendants, Pierre Pelham, et al., Individually and as members of the Joint Legislative Committee of the Legislature of Alabama, etc., et al., Intervening Defendants.

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

August 3, 1973.


Attorney(s) appearing for the Case

Morris Dees and Joseph J. Levin, Jr., Southern Poverty Law Center, Montgomery, Ala., Charles Morgan, Jr., Morris Brown and Norman Siegel, ACLU, Atlanta, Ga., for M. O. Sims and others.

Ira DeMent, U. S. Atty., and Kenneth E. Vines, Asst. U. S. Atty., Middle District of Albama, Montgomery, Ala., for the United States.

William J. Baxley, Atty. Gen., State of Alabama, Montgomery, Ala., and Julian D. Butler of Butler & Potter, Huntsville, Ala., Special Asst. Atty. Gen., State of Alabama, for defendants Mabel Amos and William J. Baxley.

Edward Allen, Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, Ala., for J. Richard Bennett, Jr., and Carolyn Golden.

Robert S. Vance, Callaway & Vance, Birmingham, Ala., for himself.

Morris Dees and Joseph J. Levin, Jr., Southern Poverty Law Center, Montgomery, Ala., Orzell Billingsley, Jr., Peter A. Hall, David Vann, Birmingham, Ala., for E. D. Nixon and others.

William J. Baxley, Atty. Gen., Montgomery, Ala., and Julian D. Butler, Spec. Asst. Atty. Gen., Huntsville, Ala., for the Governor, the Secretary of State and the Attorney General.

Robert S. Vance, Birmingham, Ala., for himself and the Democratic Party and State Executive Committee.

William L. Irons, Speir & Irons, Birmingham, Ala., for Jefferson County Citizen Committee for Local Self Government.

Maurice Bishop, Bishop & Carlton, Birmingham, Ala., for Jefferson County.

Dieter J. Schrader, Huntsville, Ala., for J. Elbert Peters, and others.

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


OPINION

I. History of the Litigation

A) The protracted history of this suit is capsulized in Sims v. Amos, M.D.Ala. 1972, 336 F.Supp. 924, 930-932. In that decision, climaxing over a decade of litigation, this Court:

1) Rejected four separate reapportionment plans submitted by the defendants, because each plan utilized multi-member districts, rigidly followed existing county lines, and produced wide...

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