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DILLARD v. COLBERT COUNTY COM'N

Civil Action Nos. 2:87cv1186-MHT, 2:03cv1202-MHT.

494 F.Supp.2d 1297 (2007)

John DILLARD, et al., Plaintiffs, v. COLBERT COUNTY COMMISSION, Defendant. Loyd D. Fulmer, Plaintiff, v. Colbert County Commission, Defendant.

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

July 5, 2007.

Attorney(s) appearing for the Case

James U. Blacksher, Birmingham, AL, James Wilson Mitchell, Mitchell Bernauer Winborn Austin & Miles, Florence, AL, Janai S. Nelson, Norman J. Chachkin, NAACP Legal Defense Fund, New York, NY, for Plaintiffs.

Bart Gregory Harmon, Kendrick E. Webb, Webb & Eley, P.C., David R. Boyd, Balch & Bingham, John J. Park, Jr., Office of the Attorney General, Montgomery, AL, James Arthur Patton, Tuscumbia, AL, for Defendant.

OPINION AND ORDER

MYRON H. THOMPSON, District Judge.

The question before the court in these two consolidated voting-rights cases is whether plaintiff Loyd D. Fulmer is a "prevailing party" entitled to attorney's fees from defendant Colbert County Commission because, according to Fulmer, although a change in state law rendered his complaints in these two cases moot, the new state law was a direct consequence of the filing of his complaints. For the reasons...

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