HAWTHORNE v. BAKER

Civ. A. No. 89-T-381-S.

750 F.Supp. 1090 (1990)

Thomas HAWTHORNE and Emory Newman, individually and on behalf of all other persons similarly situated, Plaintiffs, v. John BAKER, in his official capacity as Chairman of the State Democratic Executive Committee of Alabama; State Democratic Executive Committee of Alabama; J. Holt Etheridge, Chairman of the Henry County Executive Committee; Henry County Democratic Executive Committee, as a committee and all county Democratic executive committees similarly situated; and Democratic Party of the United States, Defendants.

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

August 20, 1990.


Attorney(s) appearing for the Case

Terry G. Davis, Terry G. Davis, P.C., Montgomery, Ala., James U. Blacksher, John C. Falkenberry, Leslie Proll and Edward Still, Birmingham, Ala., for plaintiffs.

Fournier J. Gale, III, Gregory H. Hawley, Maynard, Cooper, Frierson & Gale, James L. North, Birmingham, Ala., Susan Russ, Montgomery, Ala., John H. England, Jr., England & Bivens, Tuscaloosa, Ala., for Baker and State Democratic Comm.

Fred D. Gray, Tuskegee, Ala., Solomon Seay, Montgomery, Ala., for plaintiff-intervenor Keith.

Solomon Seay, Montgomery, Ala., for deponents Ala. Democratic Party, Jerome Gray and Joe Reed re m/protective order and m/quash only.

Vincent H. Cohen, Anthony L. Sutin, John C. Keeney, Roger L. Patton, Jr., Washington, D.C., David Schoen, Montgomery, Ala., for defendant DPUS.

Christine A. Varney, Gen. Counsel, Democratic National Committee, Washington, D.C., for defendant DNC.

Philip H. Smith, Talladega, Ala., for Talladega County Democratic Executive Committee.

Alston Keith, Jr., Selma, Ala., for Dallas County Democratic Executive Committee.

Clifford W. Cleveland, Prattville, Ala., for Autauga County Democratic Executive Committee.

Shelby County Democratic Executive Comm., Montevallo, Ala., pro se.

Winston Griggs, Henry County Democratic Executive Comm., Headline, Ala., pro se.

Raymond Bailey, Chair, Baileyton, Ala., for Cullman CDEC.

James Harris, Chair, Wedowee, Ala., for Randolph CDEC.

Dorman Walker, Montgomery, Ala., for Geneva, Madison, St. Clair, Tuscaloosa, Pickens, Chambers Bibb, Montgomery, Marion, Coffee, Lawrence, Marengo and Hale CDECs.

Gary White, Double Springs, Ala., for defendant Winston CDEC.

J. Milton Coxwell, Jr., Monroeville, Ala., for Monroe CDEC.

Robert M. Seale, Livingston, Ala., for Sumter CDEC.

Wallace H. Lindsey, III, Butler, Ala., for Choctaw CDEC.

William T. Musgrove, Jr., Florence, Ala., for Lauderdale CDEC.

Lee B. Williams, Grove Hill, Ala., for defendant Clarke CDEC.

Joe Macon, Wetumpka, Ala., for defendant Elmore CDEC.

James M. Prestwood, Andalusia, Ala., for defendant Covington CDEC.

Before JOHNSON, Circuit Judge, HOBBS, Chief Judge, and THOMPSON, District Judge.


ORDER

MYRON H. THOMPSON, District Judge:

Plaintiffs Thomas Hawthorne and Emory Newman, on behalf of themselves and other African-American Democrats in Alabama, claim in this lawsuit that recent changes in the way members of the State Democratic Executive Committee and members of 47 of the 67 County Democratic Executive Committees are selected must be precleared under § 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C.A. § 1973c. This three...

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