McCARTHY v. JONES

Civ. A. No. 77-242-H.

449 F.Supp. 480 (1978)

Violet Mary McCARTHY, suing by and through her next friend Charles J. McCarthy, Jr., Harold D. Threadgill and Anthony Threadgill, suing by and through their next friend Thomas L. Threadgill, Renee McCaskill, suing by and through her next friend Chester McCaskill, Jesse Max Brooks, suing by and through his next friend J. N. Brooks, Sharon R. Montgomery, suing by and through her next friend Eloise T. Montgomery, Gary O'Neil Pettway, Henry Aaron Pettway, and Melvin Pettway, suing by and through their next friend Willie Quill Pettway, Ida Mae Johnson, suing by and through her next friend Dave Johnson, and Ethene Delores Johnson, suing by and through her next friend Jack Johnson, for themselves and all others similarly situated, Plaintiffs, v. Robert G. JONES, Individually, as Tax Assessor of Wilcox County, and on behalf of the class of tax assessors similarly situated, and L. Cecil Gaston, Individually, as Tax Collector of Wilcox County, and on behalf of the class of tax collectors similarly situated, (Additional defendants added as per attached Exhibit A) Defendants.

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

April 21, 1978.


Attorney(s) appearing for the Case

Edward Still, Birmingham, Ala., for plaintiffs, Violet Mary McCarthy, et al.

Andrew M. Cromer, Jr., Camden, Ala., for Robert G. Jones, Tax Assessor of Wilcox County and for L. Cecil Gaston, Tax Collector of Wilcox County.

David U. Patton, Athens, Ala., for Edward Christopher and James Hargrove of Limestone County.

Kirtley W. Brown, Marion, Ala., for Wayne Perkins and Paul Stone of Perry County.

Michael E. Gurley, Centreville, Ala., for E. C. Downs of Bibb County.

Windwell C. Owens, Monroeville, Ala., for James L. Witherington of Monroe County.

Richard H. Ramsey, III, Dothan, Ala., for John L. Napier of Houston County.

David B. Carnes and Jack Floyd, Gadsden, Ala., for Jerry B. Jones and Opal N. Lee of Etowah County.

C. W. Rowe, Elba, Ala., for Maxwell A. Reeves and Fred L. Donaldson of Coffee County.

Julian Harris, Decatur, Ala., for Porter L. Hanes, Charles Howard and Cleon Yates of Morgan County.

Joseph W. Adams and Henry B. Steagall, III, Ozark, Ala., for W. J. Knight and James F. Watson of Dale County.

J. Gorman Houston, Jr., Eufaula, Ala., for Jena Shirley and Robert G. Methvin of Barbour County.

T. R. Ward, Abbeville, Ala., for Dan F. Capps and Madge Fleming of Henry County.

Lewis B. Hammer, Jr., Roanoke, Ala., for Bill Kirby and Herman Landers of Randolph County.

Lon Dick, pro se.

Earnest Allen Ingram, pro se.

G. Sage Lyons, Mobile, Ala., and Robert A. Huffaker, Montgomery, Ala., for amicus curiae, Ala. Farm Bureau Fed., Ala. Cattlemen's Assoc. and Ala. Assoc. of Realtors.


HAND, District Judge.

On February 17, 1978 the plaintiffs filed a motion for summary judgment averring that "there is no genuine issue as to any material fact and that the plaintiffs are entitled to a judgment as a matter of law." All defendants had previously been informed, by a notice dated February 10, 1978, that the Court would hold a hearing on this case on all pending matters on March 13, 1978. In response to this notice, counsel for the Bibb, Coffee, Dale and...

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