GOURDINE v. ELLIS

Civ. A. No. 75-1188.

435 F.Supp. 882 (1977)

Eva C. GOURDINE et al., Plaintiffs, v. R. Archie ELLIS et al., Defendants.

United States District Court, D. South Carolina, Columbia Division.

August 18, 1977.


Attorney(s) appearing for the Case

John Roy Harper, II, Columbia, S. C., for Annette R. Marbury, Mary C. Talley, Ronald Ritter, Alfrieda Alsbrooks, Joann B. Way, Barbara Lumpkin and Sara Deas.

Arthur C. McFarland, Charleston, S. C., Jack Greenberg, Michael Baller, Barry Goldstein, New York City, for remaining plaintiffs.

Daniel R. McLeod, Atty. Gen., Columbia, S. C., George Beighley, Staff Atty., Julian H. Gignilliat, Columbia, S. C., of counsel, R. Archie Ellis, State Commissioner, South Carolina Department of Social Services; the South Carolina State Board of Social Services; Mrs. T. K. McDonald, Chairman, Dr. Sam H. Smith, Dr. Agnes H. Wilson, Mrs. Lacy Thrower, Rush L. Bradshaw, Fred Scott and John C. Williams individually and in their official capacities as members of the South Carolina State Board of Social Services; the Richland County, South Carolina Board of Social Services; Collie L. Moore, Chairman, Mrs. Catherine W. Norris, Reverend W. H. Neal, Dr. James J. Pike and Robert E. Alexander, individually and in their official capacities as members of the Richland County South Carolina Board of Social Services; Benjamin M. Blocker, successor to Patricia J. Bouton, Director of Richland County, South Carolina, Department of Social Services;* James B. Edwards, as Governor and Chairman, and Tom Mangum, Rembert C. Dennis, Grady Patterson and Earl Morris individually and in their official capacities; Jack S. Mullins, individually and as Director of the South Carolina State Personnel Division; Fred B. Haskell, individually and as Director; Daisy Johnson; J. E. Bird, J. K. Morris, A. D. Edwards, Zach Weston, T. E. McCutcheon, J. T. Hungate, G. H. Fischer and W. H. Wesson individually and in their official capacities as members of the South Carolina Merit System Council, for defendants.

C. Tolbert Goolsby, Jr., Deputy Atty. Gen., Stephen T. Savitz, Asst. Atty. Gen., Richard D. Bybee, Staff Atty., Columbia, S. C., for The S. C. State Budget & Control Board, its Chairman; James B. Edwards and Tom Mangum, Rembert C. Dennis, Grady Patterson and Earl Morris, indiv. and in official capacities THE S. C. STATE PERSONNEL DIVISION, Jack S. Mullins indiv. and as Director of the S. C. State Personnel Div.; Fred B. Haskell indiv. and as Director of the Single Cooperative Interagency Merit System Council; Daisy Johnson, J. E. Bird, J. K. Morris, A. D. Edwards, Zach Weston, T. E. McCutchen, J. T. Hungate, G. H. Fischer and W. H. Wesson, indiv. and in their official capacities as members of S. C. Merit System Council.


ORDER ON DEFENDANTS' MOTION TO DISMISS

HEMPHILL, District Judge.

This is a civil rights action alleging violations by defendants of 42 U.S.C. §§ 1981 and 1983. This court, by order of April 26, 1977, denied plaintiffs' motion to amend Complaint to include alleged violations under Title VII of the Civil Rights Act for a lack of subject matter jurisdiction. At that time, the court allowed an amendment to add certain additional parties as defendants...

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