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GRAY v. MAIN

Civ. A. No. 2430-N.

291 F.Supp. 998 (1966)

Fred D. GRAY, Henry O. Williams, Rufus Huffman, Ben McGee, Alonza Ellis, Annie Kate Anglin, Mary Marshall, A. C. Bull, Jr., Mary Huffman, Nathaniel Cummings, Rose M. Outsey, and Calvin Jackson, Jr., Plaintiffs, v. Fred D. MAIN, in his capacity as Judge of Probate of Bullock County, Alabama, et al., Defendants, United States of America, Amicus Curiae.

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

September 7, 1966.

Attorney(s) appearing for the Case

Solomon S. Seay, Jr. (Gray, Seay, Langford & Pryor), Montgomery, Ala., Jack Greenberg, Charles H. Jones, Jr., and Charles S. Ralston, New York City, for plaintiffs.

Maury D. Smith, Charles M. Crook, Goodwyn, Smith & Bowman, Montgomery, Ala., for Judge Main, Crook, Bullock County Democratic Executive Committee, and for Yon and Bullock Board of Registrars.

Frank J. Mizell, Jr., Montgomery, Ala., for three Boards of Registrars and their chairmen.

Preston C. Clayton, Eufaula, Ala., for Teal, Parish, Barbour County Democratic Executive Committee, and for Alice Hudson and Barbour Board of Registrars.

William M. Russell, Jr., Russell, Raymon & Russell, Tuskegee, Ala., for Raymon and Macon County Democratic Party Executive Committee.

Roy Mayhall, Jasper, Alabama, pro se and for Alabama State Democratic Executive Committee.

John Doar, Asst. Atty. Gen., and John M. Rosenberg, Atty., Civil Rights Division, U. S. Department of Justice, Washington, D. C., and Ben Herdeman, U. S. Atty., Montgomery, Ala., for the United States, amici curiae.

ORDER

FRANK M. JOHNSON, Jr., Chief Judge.

This action concerns the Alabama primary election conducted in Bullock, Barbour and Macon Counties, Alabama, on May 31, 1966. The plaintiffs, all of whom are Negroes, include candidates who sought, in that election, Democratic nomination for certain county offices in Bullock County and in the Alabama House of Representatives, and include other qualified Negro electors in these counties who sue in their own behalf...

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