# Joint Appendix — Rogers v. Lodge

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385007_1724%3A02

## Record

- **Collection:** Supreme Court brief
- **Document type:** Joint Appendix
- **Published:** January 1, 1982
- **Citation:** 458 U.S. 613

## Text

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

ee
583 1/176

va,

oo “93 Fe

ove | bap empsed oom A

-—-

3304

wn
—

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

é
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
I
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).

in

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

© oa00

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
am

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.

4]

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,

4-

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

8

(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
register and to vote.

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

(c) enter a declaratory judgment that the present meth-
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

16

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:

1.

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.

2.
Paragraph 2 is denied.

3

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]

4,
Paragraph 4 is denied, and defendants deny that the
case is properly maintainable as a class action.

5.

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.

6.

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]
8.
Paragraph 8 is admitted.
9.

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)

24

(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,
a
den We thy. a
hom sftferg. 0%
thm afifety AX.
ee wy ae
Cemilafotp AV
el
thom, all oy A9%
thm sffetg 166
Mim fefoby Vi
ss A.

19.

os %
hom aft /ody. 20
Other U] oot 327
29.
Te

—s

Ailey i]s fob 266
hom, ifo/ ody 20
Gaby, “Ip

2%.
30,

Minutes
Minutes
Minutes
Minutes
Minutes
Minutes

Minutes
Minutes
Minutes
Minutes
Minutes
Minutes
Minutes
Minutes
Minutes
Minutes
Minutes
Minutes
Minutes

Minutes
Minutes

Resolution

Minutes of

Minutes

Minutes

Minutes
Minutes

of

' 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
Burke County Commission
Burke County Commission

Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission
Burke County Commission

Burke County Commission
Burke County Commission

~ Burke County Commission

Burke County Commission
Burke County Commission

furke County Commission

Burke County Commission
Burke 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

25

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
© hn 4/tfady ASY Minutes of Waynesboro City Council = December 9, 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

re

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

27

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
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:

3

P2222 2727277727 227

28

Citizen - April 14, 1960
Citizen - April 28, 1960

Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
Citizen
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%

29

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
4

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

30

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

a

217.

2187

2197

220.7
221.—

31

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
al
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
Burke
Burke
Burke
Burke
Burke
Burke
Burke
Burke
Burke
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
County
County
County
County
County
County
County
County
County
County

School
School
School
School
School
School
School
School
School
School
School

Attendance
Attendance
Attendance
Attendance
Attendance
Attendance
Attendance
Attendance

Figures
Figures
Figures
Figures
Figures
Figures
Figures
Figures

United States

Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
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

32

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-

a

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

‘
2 eA st hi

“QD vwcustin ty Poth? \“

i “JC 2-5 D

24 i chs sade
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38

(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

39

(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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385007_1724%3A02. Public record. Not legal advice.