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REFORM PARTY OF ALABAMA v. BENNETT

No. Civ.A. 98-A-895-N.

18 F.Supp.2d 1342 (1998)

REFORM PARTY OF ALABAMA, an unincorporated association of electors of the State of Alabama, Robin Collins, Lorenzo French, Bob Friedman, Martin Goodwin, Claude Hamilton, Robert Hines, Ralph Johnson, Barrown Lankster, Henry McGhee, William Roberson, Plaintiffs, v. Jim BENNETT, in his official capacity as Secretary of State of the State of Alabama, Bill Pryor, in his official capacity as Attorney General of the State of Alabama, Leland Avery, in his official capacity as Judge of Probate of Hale County, Alabama, Michael F. Bolin, in his official capacity as Judge of Probate of Jefferson County, Alabama, Earlean Isaac, in her official capacity as Judge Probate of Greene County, Alabama, Alfonza Menefee, in his official capacity as Judge of Probate of Macon County, Alabama, Cindy D. Neilson, in her official capacity as Judge of Probate of Marengo County, Alabama, Willie Pearl Rice, in her official capacity as Judge of Probate of Sumter County, Alabama, John Will Waters, in his official capacity as Judge of Probate of Bullock County, Alabama, Defendants.

United States District Court, M.D. Alabama, Northern Division.

September 8, 1998.

Attorney(s) appearing for the Case

David A. Gespass, Kathleen M. Johnson, Gespass & Johnson, Birmingham, AL, John P. McClusky, Tuscaloosa, AL, for Reform Party of Alabama, Robin Collins, Lorenzo French, Bob Friedman, Martin Goodson, Claude Hamilton, Robert Hines, Ralph Johnson, Barrown Lankster, Henry McGhee, William Roberson.

John J. Park, Jr., Robert M. Weinberg, Office of the Atty. Gen., Montgomery, AL, for Jim Bennett, Bill Pryor.

Jeffery A. Foshee, Foshee & Associates, Montgomery, AL, Bart Gregory Harmon, Webb & Eley, P.C., Montgomery, AL, for Leland Avery, Alfonzo Menefee, Cindy D. Neilson.

Charles S. Wagner, Jefferson County Attorney's Office, Birmingham, AL, for Michael F. Bolin.

Jeffery A. Foshee, Foshee & Associates, Montgomery, AL, for Earlean Isaac, Willie Pearl Rice, John Will Waters.

R. Jack Drake, Cooper, Mitch, Crawford, Kuydendall & Whatley, Birmingham, AL, for State Democratic Executive Committee of Alabama, amicus.

Nathan G. Watkins, Jr., Livingston, AL, Ira D. Pruitt, Jr., Richard G. Cross, Pruitt, Pruitt & Watkins, PA, for Nathan G. Watkins, Sr., amicus.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

This suit was filed on August 14, 1998 by the Reform Party of Alabama and certain of its candidates for public office against Jim Bennett, as Secretary of State of the State of Alabama, Bill Pryor, as Attorney General, and certain Probate Judges. Plaintiffs seek a declaratory judgment and an injunction requiring that the individual named Plaintiffs be placed on the appropriate ballots as candidates of the...

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