Joint Appendix — Rogers v. Lodge

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Office . “Supreme Court, US.

‘ILED

CLERK e

NOV 16 198}

No. 80-2100 ieee: sree

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1980

ENTIN ROGERS, RAY DELAIGLE, ROBERT L.

EBSTER, CHARLES H. KITCHENS, AND

THOMAS M. LOVETT, AS MEMBERS OF THE

BOARD OF COMMISSIONERS OF BURKE

COUNTY, GEORGIA, AND A. HOLLAND GNANN,

OTTO V. JOHNSON AND WALL T. THOMPSON,

AS MEMBERS OF THE BOARD OF ELECTIONS

OF BURKE COUNTY, GEORGIA,

Appellants,

versus

HERMAN LODGE, SHELLEY COLEMAN, LIZ-

ZIE M. SAMS, K. C. CHILDERS, REV. DAVID

NELSON, TALMADGE D. LODGE, WOODROW

HARVEY AND LEVI CRAWFORD,

Appellees.

Appeal from the United States Court of Appeals

For the Fifth Circuit

JOINT APPENDIX

Davin E. WALBERT E. FREEMAN LEVERETT

MEssERMAN & MESSERMAN HEARD, LEVERETT &

Co., L.P.A. ADAMS

Counsel of Record Counsel of Record

1525 Ohio Savings Plaza P. O. Box 399

Cleveland, Ohio 44114 Elberton, GA 30635

Tel: 216/574-9990 Tel: 404/283-2651

Preston B. Lewis, JR.

Rosert W. CuLLEeN Of Counsel

Of Counsel Lewis & Lewis

133 Luckie Street, 8th Floor P. O. Box 88

Atlanta, GA 30303 Waynesboro, GA 30830

Tel: 404/656-6021 Tel: 404/554-3955

Attorneys for Appellees Attorneys for Appellants

Appeal Docketed June 12, 1981

Probable Jurisdiction Noted October 5, 1981

TABLE OF CONTENTS*

Page**

(1) Docket Entries

Se I oss dp. s05.0 5 o0slecaeenbtane'’s 1

Se SO GUNOIEED. co cece ascnccoccvesssees 8

(2) Plaintiff’s Second Amended Complaint.......... 9

(3) Defenses and Answers of Defendants........... 17

(4) Adoption of Defensive Pleadings............... 23

(5) District Court Clerk’s List of Exhibits

so i ies aia koh 00 aber Cee ae RA 24

i onthe ts ds6ss 00) esa cereus oe 34

(6) Agreement of Counsel As to Joint Appendix.... . 38

*Note: The Order and Finding of the District Court are not includ-

ed herein, but are printed in the Appendix to the Jurisdictional

Statement, Pages 61a-98a. The Opinion of the Court of Appeals is

reported in Lodge v. Buxton, 639 1358 (C.A. 5th 1981), and is

printed in the Appendix, pages la-6la.

**Note: The numbers in brackets are references to the Clerk’s orig-

inal record page numbers.

No. 80-2100

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1980

QUENTIN ROGERS, RAY DELAIGLE, ROBERT L.

WEBSTER, CHARLES H. KITCHENS, AND

THOMAS M. LOVETT, AS MEMBERS OF THE

BOARD OF COMMISSIONERS OF BURKE

COUNTY, GEORGIA, AND A. HOLLAND GNANN,

OTTO V. JOHNSON AND WALL T. THOMPSON,

AS MEMBERS OF THE BOARD OF ELECTIONS

OF BURKE COUNTY, GEORGIA,

Appellants,

versus

HERMAN LODGE, SHELLEY COLEMAN, LIZ-

ZIE M. SAMS, K. C. CHILDERS, REV. DAVID

NELSON, TALMADGE D. LODGE, WOODROW

HARVEY AND LEVI CRAWFORD,

Appellees.

Appeal from the United States Court of Appeals

For the Fifth Circuit

JOINT APPENDIX

(1) Docket Entries

(a) Docket Entries—U.S. District Court, Civil Action

No. CV 176-55

{00811}

Viptrurtie wnt

583 1/176

va,

oo “93 Fe

ove | bap empsed oom A

-—-

3304

—

PLAINTIFFS

| WERMAN LODGE, SHELLY COLEMAN,

LIZZIE M. SAMS, K. C. CHILDERS,

REV. hg NELSON, TALMADGE D

LODGE, WOODROW HARVEY, and LEVI

CRANFORD aT gpg | and on

behalf of all those similarly

situated.

a 1 76-5!

| J. Fe BUXTON, +HEMOND-4h~

QUINTON ROGERS, ROY MARCHMAN ANI

RAY HARPER, individually and as

members of the 4oard of ,Comm-

issioners of Roads and Revenues

for Burke County; MRS MARY tint

FON, andivideridy end- 19 dudge- ©

Lourt- tor Barke

suobate ot

‘and their successors ip office.

A. Holland Gnann, Otto B. Johnso:

and Wall T. Thompson, Individual

and in their official capacities

memebers of the Board of maeesion

for Burke County,Ga. & v4 Pet i:

Individually and in his/@hpaetty

as a member of the Board of Comm

issioners of Burke County.

cause Suit contesting present method of

electing Board of Commissioner

Roads and Revenues, Burke County, ©

Laughlin McDonald

52 Fairlie Street. N. W.

Attanta, Ga. 30303

John L. Cromartie, Jr,

Atlanta, Ga. 30303

ATTORNEYS

Preston Lewis Jr-

P. 0. Box 88

Waynesboro, Ga. 30830

BE. Freman + laa

P. OU. Box 8

129 -davexte Aud. Eiberton, Ga 30635

Robert W. Cullen Veet ee 64

P. O. Box 2185

Augusta, Ga. 30903 Fosoo

} David F. Walbert

1210 ist Nat'l Bank Tower

Atlanta, Ga, 30303

CHECK FILING FEES PAID STATISTICAL CANDS

z Sane pATE al “ =) Cl] CARD DATE MANLED

ES : ee | — is — yaa aCe

tOnMay LE aa “oa” Za] as

PAUPERIS g

THOTT) Viey |

3 (00812)

oare | WA. PROCEEDINGS

4-5-76| ,/| Filing and antessag Original Complaint.

Summons returnable 20-days.

4-16-74 g |Piling Marshal's RetucnY Service perfected on Raymond N, DeLaigie,

Quinton Rogers, Ray Marchman, J. F. Buxton, Kay Harper and Mrs.

» | Mary Herrington gp 4-13-76 MC 28.08

4-28-74 2 | Filing Plaintiff's Amended complaint with certificate of service.

4-30-74 4 | Piling Defenses of Defendants. (Motions included. )

4-30-74 © | Filing Defendants’ Brief in Support of First, Second, Third, Fourth,

Fifth and Sixth Defenses.

4-30-74 & | Filing Defendants First Interrogatories to Plaintiffs.

5-13-76 7 |Piling Plaintiff's Motion to Add and Drop Parties. with brief attached

5=13-76 S [Piling Plaintiff's Motion for Preliminary Injunction with brief.

j=14-76| 7 [Piling Plaintiffs’ Interrogatories, Set No. 1.

6-1-76|/0| Filing Plaintiffs’ Answers to the Defendants’ First Interrogatories

o-1-76| //| Filing Plaintiffs’ Objections to the Defendnats' First Interrogatories

. |with cert.of svc. attach and Exhibit A

6-7-76|/*| Piling Motion of Defendant to Compel Plaintiffs to Answer Defendants’

First Interrogatories.

6-7-76|43 | Filing Brief in Support of Defendants’ Motion to Compe] Plaintiffs

6-10-74 /4| Filing Order, granting motion to compel.

6-11-79 ,-

6<14-76 76

6-14-7677

6-15-76 /4

6-21-76 /49 oe Defendants' Reply Brief in Support of Defendants Motion to

6-g4-7h 20 Filing Order, granting in part Motion for reconsideration.

6-25-7?/

7=28-7622| Piling Order on Motions to drop and add parties, granting same

8/ 2/7422

6/11/76 74

6/12/74 ae Filing and entering Marshal return: Wall T. Thompson served on August 6, 1976.MC 3.

8/12/7426

6/12/7457 | Filing and entering Marshal's retwen: Ray DeLaigle served on August 6, 1976 by

6/12/7425

9-16-7624) Filing Plaintiff's notice to take Deposition of J. F. Buxton, Roy

9-27-74 7°| Filing Amended notice of depositions, of J. F. rete Koy Marchman

2-31-76 .7/

to Answer Defendants’ First Interrogatorics.

esiing Plaintiffs' Brief in opposition to Defendants’ Motion to

Compel Plaintiffs to Answer Defendants First Interrogatories.

Filing Defendants' Answers to Plaintiffs’ First Interrogatories.

Filing Defendants’ Objections to Plaintiffs’ Interrogatories.

Filing Plaintiffs’ Motion for Reconsideration and withdrawal of

Order of June 10, 1976

Compel Discovery.

Piling Plaintiffs' Supplementary answers to Defendants First

Interrogatories to Plaintiffs

and denying defendants motion to dismiss complaint. and 4

plaintitf's motion to amend, amendment to be submitted within 30-days,,

Filing and entering Plaintiff's amended complaint No. 2, Marshal to serve, Wall T.

Thompson, Otto B. Johnson,,A. Holland Gnann and Ray DeLaigie. hq

Filing and entering answer and defensive pleadings on behalf of defendants A.Holland

Gnenn, Otto B. Johnson, Wall T. Thompson and Ray DeLaigle. RUG

Filing and entering Marshal's return: A. Holland Gnann served on August 6, 1976.MC3,

serving his wife. Me 5,

Filing and entering Marshal's return: returned unexecuted, Otto B, Johnson in

hospital, critical condition, returned at direction of Attorney McDonald, RUG

Marchman and M, Holland Gnann with Request for Production of document

and certificate of service.

and M, Holland Gnann, and amended request for porduction of document

with certificate of service. (ous

a” «

Filing Order dismissing plaintiff's motion

[00813] 4

‘ we ee ‘ evi el, 5 LODGE vs, J. F. BUXTON J

“ ; ” Phimes—procecomos

vasa"

. 1-10-77 WA Filing Deposition of James Flynt Buxton,

1-14-77 (33 Filing Deposition of A, Holland Gnann

1-14-77 44 Filing Deposition of Roy Herman Marchman.

2-16-77 go Piling Request that the Court take Judicial Notice of facts

and baws by plaintiff,

— << ae a ee em

Quinton Rogers, Yobby Wel Webster, Charlie Kitchens and Toby_ i

_and Billy Hopper., with cert. of service and request for P

~ of documents. ai

—

oe oo

— ee dee

pelaigie,

pvett.

roduction

2-1 18-77139 Filing Order, grenting lation that Coust. take. Judicial Not

| facts and laws. (at end of request, filed 2-16-77).

2-48-77 3 Filing Plaintiff's Motion for Qaas determination_with meme

support of motion and cert. of service.

2-28-77 37 Piling Defendants’ Third Interrogetories to Plaintiff with cert |

of service.

2-28-77 we ‘Piling Plaintiffs' Second Interrogator ies to Defedanas wit

cert.

of service.

3-1-77 _W Filing Defendants’ Second Interrogatories to Plaintiff wit

| of _service. H

3-2-7 pHriuing Plaintiffs’ Supplementary Answers to Defendants! Fi

___ __|__Interrogatories to Plaintiffs with cert. of service.

3-277 (7 Piling Defendants’ Proposals for Pre-Trial Order.

3-2-77__W Piling Plaintiff's Proposed Pre-Trial Order,

3-3-77_ YS Piling Consolidated Proposed Pre-Trial Order.

3-14-77 | Pre-Trial hearing held this date. Trial May, 1977, Cross p

to be submitted | within two weeks, to the court & parties.,

ae terial

3-28-77_|* Piling Deposition of Mr, Robert Lb. Webster

3-28-77 7’ Piling Deposition of Mc. Thomas Lovett 3

3-28-77 |/? Piling Deposition of Mr. Charles Kitchens 00000

3-28-77_ 47 Filing Deposition of C, W, Hopper Jr. wie cit

4-8-77 F°Piling Deposition of Mr. Ray DelLnigie, 2

4-12-77 4] Filing Request of Defendants that the Court take Judicial Nd

of the facts with cert. of

4-12-77 F> Riding Defendants’ Objections to Plaintiffs’ Exhibits with

1 service.

4=21-77 f? Piling Plaintiff's Anawere to Defendants’ Second Interromashrites

; with cert. of service.

FLING®—PROCEEDING®

1-21-774 Filing Plaintiffs’ Answers to Defendants Third Interrogagori

Plaintiffs with cert. of service.

1-28-77

brief attached and cert. of service.

PFiling Plaintiff's Motion to Amend Consolidated Pre-Trial Orter w th

5-10-7765 Fi ling Defendants’ Answers to Plaintiff's Second Interrogat

ries

with cert. of service,

S- -77)! Piling Order, granting motion for class certification and g

anti

motion to amend pre-trial order.

8-19-7744 Filing Notice of Deposition of certain persons designate

matters to testify for the following programs: Child Devel

for Retarded Children, Burke County Day Care Training Cente:

hood Youth Corp, Feed A Kid Program, OIC "rogram, CBETA Pro

| Stamp Program, Participation by Burke County in CS

n k R

————

cert. of service.

'»_Neighbore

council

8-19-77) Filing Plaintiff's Notice to Pr roduce with cert. of service,

9/7/77" 411g Deposition of Sst HOPRAF onli neanuf0¥s. son and_the

ition ofPanny Jones.

“9-15-77 Filing Deposition of Vera Goldman. sealed.

—_______| Depos

10-11-77|6 Piling Deposition of Authur Stewart

10-11-77) Piling Deposition of Issac McKinney.

5-26-78 {4 Plaintiff's Request for Judicial Notice

3-31-78) Def's Objection to Pif's Request to take Judicial Notice. w/

CS.

6-5-78

¢P1f's Motion to compel by supplementation of answers to int

w/order granting motion on or before 6-13-78

rrogatorie

6-5-78 1 Pifs' Motion to shorten time to respond to Pif's request fog

admissions

(1) w/order granting same on or before 6-13-75

6-5-78

SPIf's Request for admissions (1). w/cs.

$=7-78 ¢{/ Order, that Pif file supplementation of answers to interroga

tories if any

by June 15, 1978.

6-80-78 7° pefa. Motion to compel by supplementation of answers_to int

with memorandum in support of.

6-14-78

//pif's Trial Brief. w/cs

6-14-784/Def's Answers to Pif's First Request for admission,

Ps :

6-16-78 |/P1f;8 Proposed Findings of Fact and Conclusions o Law

b= hO=78 P16" s :

to Pit.

[00815] 6

crn KET CONTINUATION SHEET ° +7 tome 8 8 bee bee

7 . —

176-55

HERMAN LODGE, et.al. J: F. BUXTON., et.al. ae

P PAGE __OF___ Paces

are Cts PROCEEDINGS

6-16-74 7¢ Pif's Supplemental Ansers to Def's Second Interrogatories to Pif

6-16-78 77 Pif's Supplemental Answers to Def's Third interrogatories to Pif.

6-16-74 47 Further Objections to Supplementation of First and Second

datqrrgatorics from Defs

6-19-74 44 Def's Proposed Findings of Fact and Conclusions of Law

6_20-74 ¢¢ 2 Second Motion to amend Consolidate Pre-Trigl Order.

= w/order attached allowing same subjecto Def, similary right of

amendment.

6/20/78 Pre-Trial h aring held ‘his date, plaintiff to respond to interrogatories as to

testimony of new witness, defendant to supply plaintiff wit h list of new

witnesses and their testimony, Trial set for June 22, 1978,

6/22/78 Case called for trial testimony for plaintiff began, June 23, 1976 crtel

continued for the plaintiff, June 27, 1976, defendant's motion to dismiss

overrulled, June 26, 1978, trial continued for plaintiff, June 30, 1978,

Plaintiff rest at 1,30 P.M. with testimony for defendant began, July 1, 1978,

trial continued for defendant, trial to be continued at later date,

8-23-74 S$] | Pif's Supplemental Proposed Findings of Fact. .

8-24-78 42 DEPOSITION OF IRA ROBINSON, PhD,

9/13/78 WEARING held this date, nou jury, case continued on behalf of the defendants

testimony and evidence, deposition of Dr. Bine to be submitted by

9/25/78, update of suggested findings and conclwtion of lew to fit

evidence to date, in theevent Court finds in favor of disctricts

parties to submit suggested district Lines on « map with outline

thereon by 9/25/76, 2 alternatives 1-4 districts, 2-5 districts,

last week in Sept, the Court will try and get an answer,

9/26/78 63 | DEPOSITION of Dr. J.M. Byne.

9/26/76 64 | Plft.'s Second Supplemental Proposed Findings of Fact.

9/26/78 65 | Plft.'s Post Trial Brief

9/26/78 86 | AFFIDAVIT: Of David F. Walbert

9/26/78 87 | Corrections to Plaintiff's Proposed Findings of Fact as Previously

submitted,

4 9/26 66 | Plaintiffs’ Amended Conclusions of Law.

9/26/74 69| Trial Brief on Behalf of Defs.

9/26/78 90 | Defs. Revised Proposed Findings of Fact and Conclusions of Law.

9/29/78| 91 | ORDER finding in favor of the plaintiff, 1, that the plf's are entitled to

prevail, 2. that the present members of the Board of Commissioners

for Burke County have been elected in an unconstitutional election

and shall be replaced, 3, that Burke County shall be devided into

five districts, 4, that the duly qualified voters of cach district

shall elect one of ite residents, 5, that defendants shall open and

accept qualifications for candidates for said positions commencing

immediately and until 12:00 o'Clock noon, October 16, 19786, 6, that

the election for said new commissioners shall be held at the same time as!

' the General Election to be held in 1978,

10/2/76] 92 | STIPULATION concerning defendants’ exhibits,

10/2/78 | 99 | JUDGMENT, is hereby entered in favor of the defendants and against the pif's,

10/2/78 | 94 | NOTICE OF APPEAL by defendants, Ray DeLaigie, Quniton Rogers, Charles Kitchens,

Robert L. Webster, Thomas M, Lovett, Mas Mary Herrington & 0.8, Johnson,

10/2/76 | 95 | BOND for costes on appeal,

10/2/78 | 96 | MOTION by defendants for stay pending appeal. OG 1Ha mew CisOD

CIVIL DOCKET CONTINUATION SHE

Bau °

7 (00816)

10) @rowk te 8 ee FO

COCKET NO

< PAGE __OF___ PAGES

_ ware | ne PROCEEOINGS

10/10/ 97 | PLF'S MOTION to vacate judgment.

10/10/ 96 | PLF'S MEMORANDUM in reply to defendants’ motion for stay.

10/10/ 99 | ORDER motion to stay pending appeal is hereby denied,

10/13/74 100) AMENDED NOTICE OF APPEAL.

10/16/78 101 | BRIEF of def. in opposition to plfe' motion to vacete judgment.

10/26/78 | 102] FINDINGS OF FACT AND CONCLUSIONS OF LAW,

35.8. 6 Card,

10/30/78 | 103 | ORDER mandate on motion to stay pending appeal denied.

10/30/78 | 104) ORDER clerk is directed to enter judgment upon the findings of fact and

conclusions of law,

10/30/78 | 105 | JUDGMENT entered for plaintiff and against the defendants.

11-2-78 | 106 | CONSENT ORDER: a8 to place of voting precints and def's will do everything

in theirpower to inform the public. *

11/07/78] 107 | EXTENSION OF TIME for transmitting the record on appeal, extended uniil and

and including Dee. 31, 1978,

11/07/74 108 | ORDER Def's application to stay is hereby granted by the Supreme Court of

The United States.

11/16/78 109 SECOND AMENDED NOTICE OF APPEAL: by Defs. w/ c.e.

12/15/78] 110 | PLF'S DESIGNATION of record,

OC hia mew Fisher

(b) Docket Entries, U.S. Court of Appeals, Case No.

78-3241

Case Docketed October 13, 1978

Opinion & Judgment March 20, 1981

Notice of Appeal Filed October 2, 1978

9 {00176}

(2) Plaintiffs’ Second Amended Complaint, U.S. Dis-

trict Court, Civil Action CV176-55

(TITLE OMITTED IN PRINTING)

AMENDED COMPLAINT NO. 2

Plaintiffs file this their Amended Complaint No. 2 pur-

suant to the direction of this Court.

Jurisdiction.

1. The jurisdiction of this court is invoked under Title

28 of the United States Code, §§1331(a), 1343(3) and (4)

and 2201 et seq., this suit being authorized by Title 42 of

the United States Code, §1983. This is an action for a

declaratory judgment and injunction to prevent depriva-

tion under color of state law, statute, ordinance, regula-

tion, custom or usage or rights, privileges and immunities

secured to plaintiffs by the Constitution and the laws of

the United States, and by 42 U.S.C. §§1971, 1973 and

1983.

2. The matter in controversy exceeds, exclusive of in-

terest and costs, the sum of ten thousand ($10,000.00)

dollars.

Parties.

3. Plaintiffs Herman Lodge, Shelley Coleman, Lizzie M.

Sams, K. C. Childers, Rev. David Nelson, Talmadge D.

Lodge, Woodrow Harvey and Levi Crawford are adult

Negro citizens and residents of Burke County, Georgia,

and are duly registered to vote in said county and state

in accordance with the provisions of Georgia Code §34-602.

Plaintiffs desire to participate in the electoral and politi-

cal process equally with other citizens of Burke County

and to have their votes counted on an equal basis with

those of white citizens of Burke County.

{00177}

[00177] 10

4. The plaintiffs bring this action on their own behalf

and on behalf of all black citizens of Burke County pur-

suant to Rule 23(b) (2) of the Federal Rules of Civil

Procedure.

The prerequisites of Rule 23(b) (2) are satisfied. There

are common questions of law and fact. The members of

the class are so numerous as to make it impracticable to

bring them all before this court. The claims of the plain-

tiffs are typical of the claims of the class. The interests of

the class are adequately represented by the named plain-

tiffs. Furthermore, the parties opposing plaintiffs’ class

have acted and refused to act on grounds generally ap-

plicable to the class, thereby making appropriate declara-

tory relief with respect to the class as a whole.

5. Defendants J. F. Buxton, Ray DeLaigle, Quintin

Rogers, Roy Marchman and Ray Harper are adult citi-

zens and residents of Burke County and are the elected

and acting members of the Burke County Board of Com-

missioners of Roads and Revenues, the governing body

for Burke County. They are sued individually and in

their official capacities.

[00178]

6. Defendants A. Holland Gnann, Otto B. Johnson

and Wall T. Thompson are adult citizens and residents

of Burke County and are the duly appointed and acting

members of the Board of Elections for Burke County.

Pursuant to Act No. 474, Georgia Laws, 1975, page 4506,

the Board of Elections has jurisdiction over the conduct

of primaries and elections in Burke County. They are

sued individually and in their official capacities.

11 [00178]

Factual Allegations.

7. In 1931, Georgia Act No. 80 created a Board of

Commissioners of Roads and Revenues for Burke County,

to consist of five persons to be elected for four year terms

by the voters of the county as follows:

Section 1. Be it enacted by the General Assembly

of the State of Georgia, and it is hereby enacted by

authority of the same, that from and after the pas-

sage of this Act there shall be created and established

a Board of Commissioners of Roads and Revenues

for the County of Burke in the State of Georgia, con-

sisting of five persons, who shall be elected by the

qualified voters of said county at the general election

to be held on the first Wednesday in October in the

year 1912, and at each subsequent alternate general

election, which election shall be held under the rules,

regulations and laws governing the election of county

officers in the County of Burke and said five persons

shall possess the qualifications of being resident free-

holders of said county for at least three years prior

to said election, shall be at least 28 years of age, and

eligible to election as a member of the General Assem-

bly of the State of Georgia.

8. The Board of Commissioners is the governing and

legislative body for Burke County.

9. Members of the Board of Commissioners are re-

quired to designate their candidacy for numbered com-

mission posts, run at-large and to be elected by a majority

of the votes cast.

[00179]

10. According to the 1970 United States Census of pop-

ulation, the population of Burke County is 18,255 of

which number 7,260 are white and 10,988 are black.

{00179} 12

11. The total voting age population of Burke County

is 10,531 of which number 4,909 are white and 5,617 are

black.

12. Blacks are a minority of the registered voters of

Burke County.

13. The effect and purpose of the existing method of

holding elections for the Board of Commissioners at-large

in Burke County is to dilute the voting power of black

citizens and insure that the Board of Commissioners will

be exclusively or predominantly white.

14. The use of numbered posts and majority vote and

run-offs for the election of the Board of Commissioners

further dilute minority voting strength.

15. There has been a history of official racial discrimi-

nation in Burke County, Georgia, including discrimina-

tion against blacks attempting to exercise their rights to

16. Plaintiffs and their class have been unable to elect

black citizens or white citizens who support their views

and interests to state and local offices in Burke County.

17. No black has ever served as a member of the Burke

County Board of Commissioners of Roads and Revenues.

18. The dominant political party in Burke County has

in the past relied upon campaign tactics designed to ex-

clude or dilute black voting strength.

19. Plaintiffs and their class have suffered from and

continue to suffer from the effects of invidious discrimi-

nation and treatment in education, employment, econom-

ics, housing, public services and the administration of

justice.

13 [00180]

20. Plaintiffs and their class have had less opportunity

than white residents of Burke County to participate in

the political process and to elect representatives of their

choice.

Cause of Action.

21. The present method of electing the Board of Com-

missioners of Roads and Revenues for Burke County, in-

cluding the use of numbered posts, majority vote, run-

offs and elections at-large, has the effect and is for the

purpose of diluting the relative strength of the class of

black voters in Burke County in violation of the rights

of plaintiffs and others similarly situated guaranteed by

the first, thirteenth, fourteenth and fifteenth amendments

of the Constitution of the United States.

Equitable Relief.

22. There is a real and actual controversy between the

parties. Plaintiffs have no adequate remedy at law other

than this action for declaratory and injunctive relief.

Plaintiffs are suffering irreparable injury as a result of

the acts of the defendants complained of herein and that

injury will continue unless declared to be unlawful by

this court.

23. The acts of defendants described above are main-

tained under color of law of the State of Georgia and

under color of the defendants’ respective offices as offi-

cers and agents of the State.

WHEREFORE, plaintiffs respectfully pray that the

court;

(a) take jurisdiction of this cause;

(b) find that plaintiffs are adequate representatives of

their class and allow this case to proceed as a class action;

[00180] 14

od of election of the Board of Commissioners of Roads

and Revenues for Burke County, including the use of

numbered posts, majority vote, run-offs and the holding

of elections at-large, [00181] violates the rights of plain-

tiffs and the class they represent secured by the first,

thirteenth, privileges and immunities, equal protection

and due process clauses of the fourteenth and fifteenth

amendments of the Constitution of the United States;

(d) issue a preliminary injunction to be made perma-

nent later enjoining defendants from holding further elec-

tions under the present apportionment of the Board of

Commissioners of Roads and Revenues for Burke County;

(e) order the Board of Commissioners of Roads and

Revenues for Burke County to reapportion itself in a

manner that complies with the one-person one-vote man-

date of the Supreme Court of the United States and

which does not have the effect or purpose of diluting the

voting strength of Negro citizens of that county;

(f) submit such reapportionment plan to the Attorney

General of the United States as required by 42 U.S.C.

§1971c;

(g) order that all members of the Board of Commis-

sioners of Roads and Revenues for Burke County be

elected at the next general election to be held in Burke

County;

(h) issue such further relief including costs and attor-

neys’ fees as may be just and proper; and

15 [00181]

(i) retain jurisdiction of this cause.

Respectfully submitted,

/s/ Lauautin McDona.p

LAUGHLIN McDoNnALpD

52 Fairlie Street, N.W.

Atlanta, Georgia 30303

(404) 523-2721

Joun L. CROMARTIE, JR.

Suite 909

15 Peachtree Street, N.E.

Atlanta, Georgia 30303

Rosert W. CuLLEN

P.O. Box 2185

Augusta, Georgia 30903

Attorneys for Plaintiffs

CERTIFICATE OF SERVICE AND SUMMONS

OMITTED IN PRINTING.

17 [00022]

(3) Defenses and Answer of Defendants, U.S. District

Court, Civil Action CV 176-55

(TITLE OMITTED IN PRINTING)

DEFENSES OF DEFENDANTS

First Defense

The Complaint should be dismissed for the reason that

there is a failure to join indispensable parties defendant,

to wit, the Board of Elections (Ga. Laws 1975 Vol. I, p.

4506), and Ray De Laigle, a member of the “Board of

Commissioners of Burke County” (Ga. Code §23-803).

Second Defense

Defendants move to dismiss the complaint as to de-

fendant, Raymond N. De Laigle on the ground that he

is not a member of the Board of Commissioners of Burke

County.

Third Defense

Defendants move to dismiss Mrs. Mary Herrington as

a defendant on the ground that she no longer has juris-

diction or responsibility over the holding of elections and

primaries in Burke County.

[00023]

Fourth Defense

Defendants move to dismiss the complaint on the

ground that the same fails to state a claim upon which

relief can be granted.

Fifth Defense

Defendants move to dismiss on the ground that the

court is without jurisdiction in the premises.

[00023] 18

Sixth Defense

Defendants move to dismiss on the ground that it ap-

pears on the face of the complaint that an actual case or

controversy is lacking within the meaning of Article III

of the Constitution and 28USCA 2201.

Seventh Defense—Answer

Defendants answer the complaint, as amended, as

follows:

Paragraph 1 alleges the contentions of plaintiffs and

requires no answer, but defendants deny that a claim for

relief is stated under any of the laws and constitutional

provisions referred to, and deny that the court has juris-

diction in the premises.

Paragraph 2 is denied.

Answering Paragraph 3, defendants admit that the

eight plaintiffs are adult Negro citizens, residents and

registered voters. The remaining allegations of said para-

graph are denied.

[00024]

Paragraph 4 is denied, and defendants deny that the

case is properly maintainable as a class action.

Answering Paragraph 5, defendants deny that Ray-

mond N. De Laigle is a member of the Board of Com-

missioners of Burke County, and show that the fifth mem-

19 [00024]

ber of the Board not named is Ray De Laigle, a different

person from Raymond De Laigle.

Answering Paragraph 6, defendants admit that Mrs.

Mary Herrington is an adult citizen and is the duly elect-

ed Judge of the Probate Court for Burke County. The

other allegations of said paragraph are denied. Further

answering said paragraph, defendants show that juris-

diction and responsibility for conducting elections in

Burke County is now vested in a board of elections, in

accordance with the Act approved April 18, 1975 (Ga.

Laws 1975, Vol. II, p. 4506).

Answering Paragraph 7, defendants show that by an

Act of 1911 (Ga. Laws 1911, p. 390), a “Board of Com-

missioners of Roads and Revenues” for the County of

Burke was created, to consist of five (5) members elected

by all the voters of said county. Said Act was amended

on several subsequent occasions (Ga. Laws 1912, pp. 340,

342; Ga. Laws 1929, p. 548; Ga. Laws 1931, p. 400), but

ever since the first election under the 1911 Act held in

1912, said board has consisted of five (5) members elect-

ed by all the voters of the county. The board does not

date merely from 1931, as alleged.

[00025]

Paragraph 8 is admitted.

Paragraph 9 is admitted. Further answering said para-

graph, defendants show that the requirement that all

members run at large was derived from the original Act

(00025) 20

of 1911, The requirement that all candidates be elected

by a majority vote was imposed by a general act of 1964

(Ga, Laws 1964, Ex, Sess., pp. 26, 174) and reenacted by

an act of 1970, Ga. Laws 1970, Vol. I, p. 347, 380 (Code

Ann,, §34-1513 [a]), as amended, The requirement that

candidates run for numbered posts in the general election

was imposed by a general act of 1964 (Ga, Laws 1964,

Ex. Sess. pp. 26, 89, and reenacted by an act of 1970,

Ga, Laws 1970, Vol. I, pp. 347, 369 (Code Ann., §34-

1015), as amended, Both of said acts have been approved

by the Attorney General of the United States under Sec-

tion 5 of the Voting Rights Act of 1965, 42 USCA 1973C,

10.

Paragraph 10 is admitted,

11.

Paragraph 11 is admitted.

12,

For want of information sufficient to form a belief,

Paragraph 12 is neither admitted nor denied, Defendants

are, however, endeavoring to compile the information in

issue to the extent reasonably possible,

13.

Paragraph 13 is denied.

14,

Paragraph 14 is denied.

[00026]

15.

Paragraph 15 is denied.

21 (00026)

16.

Paragraph 16 is denied,

17,

Paragraph 17 is correct to the best knowledge of de-

fendants at this time.

18,

Paragraphs 18, 19, 20, 21, 22 and 23 are denied.

WHEREFORE, defendants pray that the prayers of

the complaint be denied, the complaint dismissed, and

defendants discharged with their costs.

LEWIS & LEWIS

P.O. Box 88

Waynesboro, Ga, 30830 By: /s/ Preston Lewis, Jr.

HEARD, LEVERETT &

P.O. Box 896 ADAMS

Elberton, Ga, 30635 By: /s/ E. Freeman Levererr

Attorneys for Defendants

NOTICE OF MOTION AND CERTIFICATE OF

SERVICE OMITTED IN PRINTING,

[00184] 23

(4) Adoption of Defensive Pleadings, U.S. District

Court, Civil Action No, CV 176-55

(TITLE OMITTED IN PRINTING)

ANSWER AND DEFENSIVE PLEADINGS ON BEHALF

OF DEFENDANTS A. HOLLAND GNANN, OTTO B.

JOHNSON, WALL T. THOMPSON AND

RAY DE LAIGLE

Come now defendants above named and adopt the

Answer and defensive pleadings previously filed on behalf

of the other defendants herein.

P.O, Box 88 Preston B, Lewis, Jr.

Waynesboro, Ga, 30830 LEWIS & LEWIS

/s/ E. Freeman Levererr

P.O, Box 896 E,. Freeman Leveretr

Elberton, Ga, 30635 HEARD, LEVERETT &

ADAMS

Attorneys for Defendants

(CERTIFICATE OF SERVICE OMITTED

IN PRINTING)

(5) District Court Clerk’s List of Exhibits, Civil Action

No, CV 176-55

Chir oh og.»

a wp. 38

Adlon of ofpdy

tbe, “/opoty mis

Aly, Yvaty 3

adn _Wefrty &.

(dom ifm 9,

den We thy. a

hom sftferg. 0%

thm afifety AX.

ee wy ae

Cemilafotp AV

thom, all oy A9%

thm sffetg 166

Mim fefoby Vi

ss A.

19.

os %

hom aft /ody. 20

Other U] oot 327

29.

—s

Ailey i]s fob 266

hom, ifo/ ody 20

Gaby, “Ip

2%.

30,

Minutes

Resolution

Minutes of

Minutes

' 20% minutes of

Withdrawn

Duplicate of Exhibit 31 =~ Withdraw Exhibit 30

(A)

LO0G8 ve, BUXTON

PLAINTIFYS” BXNIBITS

Burke County Commission ~ September 12, 1972

Burke County Commission

~ Burke County Commission

Burke County Commission

furke County Commission

Burke County Commission

July 11, 1972

June 13, 1972

Mareh 14, 1972

February 13, 1960

fone 21, 1968

Special Meeting

July Ll, 1967

February 9, 1965

January 12, 1965

July 13, 1965

Auguet 10, 1965

August 12, 1965

April 15, 1966

September 13, 1966

February 14, 1967

May 9, 1967

June 13, 1967

June 1, 1968

June ll, 1968

Withdrawn

June 25, 1968

September 16, 1968

= October 6, 1968

November 12, 1966

January 9, 195)

Withdrawn

January 2, 1951

Withdrawn

December 12, 1950

May @, 1951

December 6, 1964

Abn _d/o/adp.22¥ Winurer of Burke County Commission = April 14, 1964

hom tf ody, 92S Minutes of Burke County Commission = July 9, 1963

thn _4/tfaty. 99 Minuten Of Burke County Commission = August 9, 1960

Adin W/i/t4y IAT Minutes of Burke County Commission = July 12, 1960

Ly a//ady 35y Minutes of Burke County Commission = April 28, 1960

hon 9f/ o4y 0% Minutes of Burke County Commission = May 11, 1976

bor. ee, ... JTF Minutes of Burke County Commission = March 9, 1976

‘hn tot _ 90% Minutes of Burke County Commission = February 10, 1976

"lon, A Yoty: 39° Minutes of Burke County Commission = December 9, 1975

hes ' 40° Minutes of Burke County Commission = November 11, 1975

Tw, “flog 4X Minutes of Burke County Commission = October 14, 1975

tc 42. Minutes of Burke County Commission = May 14, 1974

tim, Wafody 49S Minutes of Waynesboro City Counei) = February 3, 1964

44m. safety AX Minuten of Waynesboro City Council = December 30, 1963

Adm d/afody 46% Minutes of Waynesboro City Council = November 4, 1963

dp, afé/ody 41S Minutes of Waynesboro City Council = August 5, 1963

adder “Pd/ity. AVE Minutes of Waynesboro City Counei) = Subsequent to June, 1963

ther. . 49% Minutes of Waynesboro City Council = June 11, 1963

wf fot, Special "Meeting

3 50. Minutes of Waynesboro City Counei) =~ June 3, 1963

ado “if rdy 51° Minutes of Waynesboro City Council = April 1, 1969

52. Minutes of Waynesboro City Council = February 4, 1963

Withdrawn

44, af r4y 53° Dennett ve, Nvane Complaint = January 10, 1968

dom. w/o + 54°” Bennett va. Bvane Order = June 20, 1969

, M/ Wy, 55° Bennett va, Bvane Order = August 22, 1969

tA w/a), 56 Ponnett va. Bvans Order = February 5, 1970

An bl) ody 57° Bennett ve. Bvans = April 17, 1970

CA~ ai/t/ody 98. 1970 Population for Burke County

ttm 0/0 /o4y 59% 1970 General Characteristics for Population of Waynesboro

Clon 4/4) aby OF 1970 General Social & Beonomic Characteristics for Burke County

Clow] of ody 1970 Social Characteristics of Negro Population for Burke County

drm wi) o/oty 620 1970 General Social & Boonomic Characteristics for Burke County

Afr uf g/esy 63° Employment Characteristics of Negro Population for Burke County

Ahn a//o/ rb 965 Colored Waynesboro Recreation Committee Purchase Invoice

tn, M/ of ody 97° Colored Waynesboro Recreation Committee. Purchase Order

Ahr afofaty WW Teve Citinen = Auguat 4, 1976

thom, w/ifodg 99S Teue Citinon = June 30, 1976

thom wf of, 100)" True Citizen = July 7, 1976

hdm if / 4y 101. Minutes of Burke County Improvement Association = Dec. 9, 1975

Adm Wyo M2 Vaneceolation from Board Of conainsionere of burke, County

Wom Wooly

1039" Letter of December 1, 1975 to Burke County Board of

Commissioners from Burke County Improvement Association

th, dfopry 104° Letter of October 1, 1975 to Burke County Board of

. Commissioners from Burke County Improvement Association

don di) /osy 105! Letter of August 12, 1975 to Burke County Board of

Registrara from Burke County Improvement Association

a () 106%" Letter of Auguat 21, 1975 to Burke County Improvements

ibom Wf fot Aesociation from burke County Board of Registrarse

on.) ]0/rdy _}07° Copy of memorandum to file from Chairman of Registrars

dre Ajo ody. 100% 1960 Census Figures = Burke County

adm af o/ o4 109% 1950 Census Figures = Burke County

arr.) d/o: 110; 1930 and 1940 Census Figures = Burke County

Ode W)oJe AY Court's Order and Request That the Court Take Judicial

Notice of Facts and Lawa = February 18, 1977

td, ao fot Lak Deposition of Roy Marchman

Ood

LL!" Pieture of Girard Blementary School = White = Closed

ion 114) Picture of Girard Blementary School = White = Closed

hn 115) Picture of Girard Blementary School = Today = Black

Qhew~ 1l6x* Picture of Girard Blementary School = Today = Black

117. Pioture of Girard Blementary School = Today = Black

110)” Picture of Girard Blementary School = White = Closed

’ 119 peed to Jayeees Swimming Pool + Still all White

120,

1a,

122,

123.

a4,

Ahr asi

ae. a 126¢

den of 4 vant

Deposition of Ray DeLaigle

Deposition of Toby Lovett

Deposition of Billy Hopper ~ Dated February 23, 1977

Deposition of Charlie Kitehens

Deposition of Bobby Webster

County Wide Election Returns

True Citizen = March 24, 1960

True Citizen = March 31, 1960

Chow. a) sats 6a

Aton lf tfoty 65:

Gp. a fog 86

tn _ 4 0 jody aoe

idm _w]t/odg.

her /1/ oh 690

bmw] o/r4, 70%

b,_w/oJoty 10

dm wl s/t 72:

,. w] o/oty 73.

thon fa/oty 14:

bm. W]0/rby 75.

dn aft) 4, 76.

thon W/) of rb 77.

hm o/oag 1:

Cm. fof 04g. is:

Om Jo) 4y 80%

dnl [iby 61:

GA | 0frty 020

Ahn wf] 0/4 A-82¢

adm +/ 83.

Adr_rfo}ry *?-

7 a

ieee

< 86.

Thom fy BT

abn w/o, 9

ee a

Ahem wifofry ne

2htn_o/ (/o4. 927

ihe vf ety 990

ten pf ofr: as

thm +] s/0b os

1970 Occupation & Earnings for Burke County

1970 Occupations for Burke County

1969 Income & Poverty Status for Burke County

1969 Income & Poverty Status for Negro Population in Burke Count

1970 Occupation of Employed and Unemployed for Burke County

1970 General & Negro Housing Characteristics

General & Negro Housing Characteristics for Burke County, 1970

1970 Detailed Housing Characteristics for Burke County

1970 Detailed Housing Characteristics for Negroes of Burke Count

1970 Financial Characteristics for Burke County

1970 Detailed Housing Characteristics for Negroes in Burke Count

1970 Detailed Housing & Financial Characteristics for Burke Coun

1970 Detailed Housing & Financial Characteristics for Negroes

of Burke County

1970 Detailed Housing Characteristics for Burke County

1970 Detailed Housing Characteristics for Negroes in Burke Count

Sapp vs. Rowland ~ Defendants’ Answer to Request for Admission

Sapp vs. Rowland ~ Plaintiffs’ Request for Admission

Sapp vs. Rowland ~- Complaint

Sapp vs. Rowland ~ Orde: nd Judgment

Sullivan vs. DeLoach ~ Complaint

Sullivan vs. DeLoach - Order and Judgment

Letter and Affidavit - Kathleen L. Bonk

Deposition of Holland Gnann

Deposition of James Flynt Buxton

True Citizen - October 5, 1975

True Citizen - October 22, 1975

True Citizen - January 24, 1968

True Citizen - September 13, 1975

True Citizen - Pebruary 2, 1977 - Page 8-A

True Citizen - Pebruary 2, 1977 - Page 3-A

True Citizen - January 26, 1977 ~- Page 9-A

True Citizen - January 19, 1977 - Page 4-B

True Citizen - Pebruary 5, 1970

-3-

326.7

1297

1307

1317

1327

133¢

13u4e

1357

1360

1377

138.

139.

1407

aie

142%

1437

14at

1450

146.

147.

148:

1490

150;

si.

1520

153.

154.

155.

156.

1577

158

1s9/

160:

161.

162/

True

SECCCCEEOCOEEEEEE:

P2222 2727277727 227

Citizen - April 14, 1960

Citizen - April 28, 1960

Citizen

June 20, 1961

August 23, 1961

April 25, 1962

June 6, 1962

July 4, 1962

August 29, 1962

June 5, 1963

June 12, 1963

February 19, 1964

April 1, 1964

July 26, 1965

August 18, 1965

August 26, 1964

June 9, 1965

September 1, 1965

Pebruary 9, 1966

June 26, 1966

June 186, 1969

June 25, 1969

August 6, 1969

August 29, 1969

August 27, 1969

November 19, 1969

December 17, 1969

December 31, 1969

January 14, 1967

January 28, 1979 #6 177°

January 21, 1978

February 4, 1978

February 11, 1970

February 18, 1970

March 18, 1970

-5-

163. True Citizen - April 1, 1970

164. True Citizen - April 15, 1970

165. True Citizen - April 29, 1970

166 True Citizen - May 7, 1969

167° True Citizen - May 27, 1970

168.” True Citizen - May 27, 1970

169.” True Citizen - June 17, 1970

170/ True Citizen - August 5, 1970

1717 True Citizen - July 8, 1970

172. True Citizen - October 7, 1970

1737 True Citizen - October 28, 1970

174° True Citizen - November 11, 1970

175. True Citizen - May 9, 1973

176% True Citizen - March 13, 1974

177. True Citizen - July 8, 1970

178. True Citizen - October 28, 1979

1797 True Citizen - February 22, 1967

180° True Citizen - February 15, 1967

161; True Citizen - May .10, 1967

1824 True Citizen - November ‘15, 1967

183, True Citizen - January 24, 1968

1847 ‘True Citizen - February 5, 1968

185. True Citizen - September 18, 1968

_ 0.

198%

True Citizen - June 5, 1968

True Citizen - March 18, 1970

True Citizen - February 16, 1972

189, Table A.2 ~ Infant Health Status, Georgia 1974

190, Table A.3 - Infant Health Status Variables, Georgia 1974

1917 Table 30 - Selected Vital Statistics, By County, By Race

Georgia, 1975

1927 Population of Counties from Earliest Cenrus to 1970

193. Audit Report - Office of Board of County Commissioners -

Burke County ~ Year Ended December 31, 1973

194% Audit Report - Office of Board of County Commissioners -

Burke County - Year Ended December 31, 1974

195. Letter of April 27, 1975 to Chairman of Burke County

Board of Commissioners from Burke County Improvement Assoc.

Db, te) sfaly 196:

Adon bifyfaty 999°

ah, “fofedy, 198.

adn w/Yby. _l99e

7m, 2007

4d», 201.

adn, 202.

Gta .

Gtr, 204.

a. 205.

eal 4 206.

Von. 2077

; 208.

ahr tufy 209

adn, 2107

Gda 217

Odor, 2127

os 213.

Za w]o/oe, 247

Lpowath tly 52

Men who) ory 2167

Letter of September 13, 1977 to Burke County Board of

Education from Burke County Improvement Association and

Burke County Chapter of NAACP

Letter of April 3, 1978 to Burke County Board of Registrars

from Burke County Improvement Association, Inc.

Letter of March 24, 1978 to Burke County Board of Commissioners’

from Burke County Board of Registrars

Memo of January 18, 1978, The Department of Law, State of

Georgia, Atlanta, to Mrs. Frances Duncan, Director from

Michael J. Bowers, Senior Assistant Attorney General

Memo of February 2, 1978 to Boards of Registrars, Tax

ssioners, and Tax Collectors from Ben W. Forton,

Secretary of State

Letter (Date Missing) to Michael J. Bowers, Senior Assistant

Attorney General

Letter of May 19, 1978 to Chairman, Burke County Board of

Registrars from Lewis & Lewis, Attorneys at Law

Letter of May 16, 1978 to Mr. Preston B. Lewis, Jr.,

County Attorney, County of Burke from United States

Department of Justice

Letter of April 11, 1978 to Assistant Attor General,

Civil Rights Division from Board of Commissioners of

Burke County

Letter of February 22, 1978 to Burke County Chapter NAACP

and Burke County Improvement Association from Waynesboro

Country Club

Minuted of Community Target Area Meeting - August 18, 1975

Letter of March 12, 1970 to Whom It May Concern from

Board of Commissioners of Burke County

Minutes of Briar Creek Community Meeting - May 11, 1977

Audit Report - Office of Board of County Commissioners -

Burke County - Year Ended December 31, 1975

Audit Report - Office of Board of County Commissioners -

Burke County - Year Ended December 31, 1976

Deed Recorded September 2, 1970, wherein County Commissioner,

Peanut Rogers, sells 6.31 acres to Burke Academy, Inc.

Deed dated March 17, 1976 between Bottsford Spring Baptist

Church and the First National Bank of Waynesboro

Deed Recorded May 15, 1967, wherein Claude Brown sells

land in the City of Waynesboro for $100.00 to Burke

Academy,

Deed Recorded November 21, 1962 wherein Burke County Board

of Education sold for $5.00 land to the Keysville

Methodist Church

Deed Recorded May 30, 1966 wherein Burke County Board of

yw) sells the Teacherage to Burke Academy, Inc.

or $5.

Incorporation of Burke Academy, Inc. dated August 16, 1961

ofeo

Abe yp

217.

2187

2197

220.7

221.—

Pindings - Fact and Conclusions of Law in the Wilkes

Count

state

Si Slates ic

dated April 20, 1978

Copy of most recent budget for 1977, Burke County

Letter of March 25, 1977 to Honorable Anthony A. Alaimo

from Neely, Neely & Player, Attorneys at Law

Resume of Dr. Alex Wesley Willingham

the United States of America from the United

t Court for the District of Columbia

Publication from Georgia Department of Public Health,

Infant Deaths and Rates per 1,000 Live Births, By

County, By Race - Georgia 1970-1971

dom us| ¢/ aby 222: praft of budget for 1978, Burke County

223.

220

226¢

2277

2287

2297

2307

2327

233.7

234.

235.

2365

2375

2387

2407

2422

243/

244

True Citizen - January 28, 1971

Summary of General Characteristics - 1970

Yor. Af o/sy 225.“ Charter of the Democratic Party of the

Burke

Letter of October 8, 1975

from Burke County Board

Letter of October 8, 1975

from Butke County Board

239 Picture of Segregated Laundromat

County

School

Attendance

Figures

United States

Submitted

Staff Assignments - 1976-77

Staff Assignments - 1973-74

Staff Assignments - 1974-75

Picture of Segregated Laundromat

2412 Picture of Segregated Laundromat

Picture of Segregatec Laundromat

10-17-67

12-18-69

10-16-70

10-13-71

10-11-72

10-1-73

10-15-74

2-1-77

to Senator Herman E. Talmadge

of Education

to Congressman Ronald B. Ginn

of Education

Resolution in 1976 - Burke County Tax Commissioner Retiring

Minutes of Burke County Commission - April 13, 1976

Bf 248!) _ Minutes of Burke County Commission - May 11, 1976

mete of Burke County Commission - June 8, 1976

247. Minutes of Burke County Commission ~- July 13, 1976

248. Minutes of Burke County Commission - Aygust 10, 1976

thm UJojpb, 249° Burke County 1976 Tax Digest Report - September 16, 1976

br. * 2505 Resolution of Appreciation to Retiring Director of

Museum

Gb. asl Minutes of Burke County Commission - September 16, 1976

Gln. a 252i Minutes of Burke County Commission - September 14, 1976

tab, 253 Minutes of Burke County Commission - October 12, 1976

254. Minutes of Burke County Commission - November 9, 1976

abm oo/, , 235° Minutes of Burke County Commission - November 17, 1976

256. Minutes of Burke County Commission - December 14, 1976

Pho uy /: 257. Minutes of Burke County Commission - January 11, 1977

a“

4b 4/ of. by: 258: Minutes of Burke County Commission - February 8, 1977

ri 259. Minutes of Burke County Commission - February 8, 1977

260. Minutes of Burke County Commission - February 8, 1977

Gdn. ws fib, 2617 Minutes of Burke County Commission ~ March 8, 1977

abn 2622 Minutes of Burke County Commission - April li, 1977

aby. 263% Minutes of Burke County Commission - May 10, 1977

ata 264% Minutes of Burke County Commission - May 25, 1977

Ahm 265< Minutes of Burke County Commission - June 14, 1977

266. Minutes of Burke County Commission - July 11, 1977

adn, wof . 267¢ Minutes of Burke County Commission - August 9, 1977

268% Minutes of Burke County Commission - September 13, 1977

her, 269% Minutes of Burke County Commission ~ October 11, 1977

Gda, 270< Minutes of Burke County Commission ~ November 8, 1977

Ln 2712 Minutes of Burke County Commission - Decem»er 13, 1977

odor 272% Minutes of Burke County Commission ~ January i9, 1978

7b 273 Minutes of Burke County Commission - January 16, 1978

br, 274% Minutes of Burke County Commission - March 14, 1978

Gm 275. Minutes of Burke County Commission ~- April 11, 1978

hon, 2767 Index of Section 5 Submissions - November 2, 1977

aden, 2777 University of Georgia Reapportionment Services Unit -

y - July 22, 1973

tér...\_ _ .2785 Annual Reports of the Department of Education to the

General Assembly of the State of Georgia

Chon. ‘279% Map of Burke County

dn bd aofbty 200 Blank Application for Employment for Burke County

-9-

281°

282. Deposition of Danny Jones

_ 283. Deposition of Vera Goldman

284. Deposition of C,. W. Hopper, Jr. - Dated August 25, 1977

285. Deposition of Authur Stewart

286. Deposition of George Cofer

287. Depusition of Isaac McKenney

Deposition of Joyce Odom

Mn whi 299! Be ntoet Sale Mavecte!

td Ulefady, 2897 sage

EXHIBITS

‘

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24 i chs sade

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‘

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my) he i /—. | ah 2 Te. ae

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namasaemcaedendins sy My 82 ge A i yp

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+ ,

Lh hab Nb pres - 7 Nf

LY SY GEIS SNR

DN REN ae

Best Copy Available

Bahline

dees

written, NO. DESCALIPTION

———SESSE= = —————————_

Z2- Libis llisy. praan Lianen Lanpe, Wty 11,7926

we Mittsilaa sopiadiase Lasart, Met %, 1969

RRERR

KEEPER

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= oie. Ht

barela N PT ingen, Je

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Wlitwile, Mirdelbing, shoph 19, 1992.

Aitarralle. Meaeslery, luis 2%, 1921

teen Mishary LA 10,1929

fe ruclia Lasher, . (ibreds £21271

p, . y ¢ Pre

» 44722772

Aacclearge Consact arcter 6-A3: 70

Tod vogit - oat a -

L722

PRRES

RRR RARE

ane

sf ; Ms OF 7 am

7 ities

EXHIBITS ys fee —

Billiw

DESCRIPTION

(6) Agreement of Counsel As to Joint Appendix, U.S.

Supreme Court, October Term 1980, No, 80-2100

(TITLE OMITTED IN PRINTING)

Agreement Of Counsel As To Joint Appendix

Pursuant to Rule 30 of the Rules of this Court, Counsel

for the parties hereby agree that the Joint Appendix shall

consist of the following:

(1) List of Docket Entries in the Court below

(2) Plaintiffs’ Second Amended Complaint, filed Au-

gust 2, 1976 (R. 176)

(3) Defenses and Answer of Defendants (R. 22)

(4) New Defendants’ Adoption of Defensive Pleadings

(R. 184)

(5) The District Court Clerk’s list of exhibits

(6) This Agreement for the Joint Appendix.

Tel: (404) 656-6021

Tel: (216) 574-9990

Tel: (404) 554-3955

Tel; (404) 283-2651

Ropert W, CuLLen

133 Luckie Street, 8th Floor

Atlanta, Georgia 30303

/s/ Davin E, Wavbent

Davin FE, WALBERT

MessermMan & MessermMan

Co., L.P.A.

1525 Ohio Savings Plaza

Cleveland, Ohio 44114

Attorneys for Plaintiffs-

Appellees

Preston B, Lewis, Jr,

Lewis & Lewis

P, O, Box 88

Waynesboro, Georgia 30830

/s/ %. Freeman Levererr

IE, Freeman Levererr

Hearp, Levererr & ApAMs

P. O, Drawer 399

Elberton, Georgia 30635

Attorneys for Defendants-

Appellants

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