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ROE v. MOBILE COUNTY APPOINTING BD.

Civ. A. No. 94-0085-AH-S.

904 F.Supp. 1315 (1995)

Larry ROE, Perry O. Hooper, Sr., James D. Martin, and Willie J. Williams, Individually and on Behalf of a Class of Persons, Plaintiffs, v. MOBILE COUNTY APPOINTING, BOARD, Honorable Lionel W. Noonan, Wilcox County Appointing Board, Honorable Jerry Boggan, As Representatives of Those Persons Who are Designated by Alabama State Law as the Appointing Boards in Each of Alabama's Counties and Those Persons Who Are Designated by Law to Maintain the Possession and Security of All Materials Relating to the November 8, 1994 General Election; James Bennett, in His Official Capacity as Secretary of State of the State of Alabama; State of Alabama, By and Through its Attorney General, Jeff Sessions; Clarence T. Hellums, Jr., a Representative of a Class of Persons who sought to have their ballots counted in the November 8, 1994, General Election; et al., Defendants, Lucille Baxley, Defendant-Intervenor.

United States District Court, S.D. Alabama, Southern Division.

September 29, 1995.

Attorney(s) appearing for the Case

Albert L. Jordan, B. Glenn Murdock, Birmingham, AL, Joseph S. Johnston, J. Michael Druhan, Jr., Mobile, AL, Algert S. Agricola, Jr., Montgomery, AL, for plaintiffs.

William H. Pryor, Jr., Montgomery, AL, for State.

Joe R. Whatley, Jr., Sam Heldman, Birmingham, AL, Russell Jackson Drake, Tuscaloosa, AL, M. Clay Alspaugh, Birmingham, AL, for defendants.

OPINION & ORDER

HOWARD, District Judge.

The United States Court of Appeals for the Eleventh Circuit remanded this action to this Court for a trial on the merits. Roe v. State of Ala. by and through Evans, 52 F.3d 300 (11th Cir.1995). Pursuant to the remand of the Eleventh Circuit, this Court held a bench trial of this action beginning on September 18, 1995 and ending on September 20, 1995. Based on the...

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