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HENDERSON v. GRADDICK

Civ. A. No. 86-H-680-N.

641 F.Supp. 1192 (1986)

Jerry HENDERSON and Dejerilyn Henderson, on behalf of themselves and all others similarly situated, Plaintiffs, v. Charles GRADDICK, individually and in his official capacity as Attorney General of Alabama; John Baker, in his official capacity as Chairman of the Alabama State Democratic Executive Committee; and the Alabama State Democratic Executive Committee, Defendants.

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

Motions for Emergency Relief and Reconsideration Denied August 26, 1986.

Attorney(s) appearing for the Case

Ira A. Burnim, Deborah A. Ellis, Montgomery, Ala., Ralph I. Knowles, Jr., Jack Drake, Drake, Knowles & Pierce, Tuscaloosa, Ala., Neil Bradley, Atlanta, Ga., for plaintiffs.

Hamilton P. Fox, III, Dewey, Ballantine, Bushby, Palmer & Wood, Washington, D.C., Champ Lyons, Jr., Coale, Helmsing, Lyons & Sims, P.A., Mobile, Ala., Robert E. Sasser, Jones, Murray & Stewart, P.C., J. Anthony McLain, McLain & Hampton, Montgomery, Ala., Walter J. Sears, III, Bradley, Arant, Rose & White, Birmingham, Ala., for defendant Graddick.

Joseph C. Espy, III, Melton & Espy, Montgomery, Ala., for defendants Baker and Alabama State Democratic Executive Committee.

Before JOHNSON, Circuit Judge, and HOBBS and MYRON H. THOMPSON, District Judges.

MEMORANDUM OPINION

PER CURIAM:

Plaintiffs are black citizens of Alabama who voted in both the Democratic primary on June 3, 1986 and the Democratic gubernatorial runoff on June 24, 1986. They seek to represent a class composed of all black registered voters who voted in both of these elections. The Court is satisfied that the prerequisites for a class action under Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure are present, and, therefore,...

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