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Form 843 Birmingham Alabama: What You Should Know
The Court granted the complaint when it was filed on November 7, 1958. The Court entered judgment on March 10, 1963, allowing the defendants 90 days to file objections. On March 22, 1963, the defendant, Joseph D. Patterson, Jr., filed a motion to intervene, and on May 7, 1963, the District Judge made a finding of fact on each claim asserted by plaintiffs. A hearing was held at which Patterson conceded the facts asserted but objected to the accounting method under which the returns were to be shown, and the accounting assumptions upon which the defendants relied. Plaintiffs then agreed to amend their complaint because the District Judge's findings were unwarranted and incorrect (FN.1 at 742-5), but Patterson objected to the amendment when they filed on July 18, 1963. Plaintiffs filed an amended consolidated complaint on January 25, 1964. Patterson then filed a motion to intervene on February 5, 1964, and on March 20, 1964, the District Judge made a finding which the court approved. On February 28, 1964, Patterson filed a motion to intervene which the court allowed. The jury trial was held on April 17, 1964, and at the conclusion of the trial, the court ordered that the defendants pay certain expenses and that the amount of the settlement of damages caused by Patterson's conduct be reported, and that defendants pay the costs of the case. The court entered judgment against the defendants and awarded plaintiffs 5,000 for damages, interest and attorney's fees. Patterson then filed a motion for reconsideration and the request for a new trial. On June 14, 1964, Judge Mildred Clark denied the motion, except for a part of the motion in liming which asked to enter judgment on the merits without trial. On June 29, 1964, Patterson filed an application for leave to amend the amended complaint, requesting dismissal of certain charges against his client including the charge of perjury in the deposition of the deposition witness. On August 26, 1964, the court granted the application. On October 7, 1964, the United States District Court for the Northern District of Alabama, Montgomery Division, entered judgment against the defendants and awarded plaintiffs 5,000 for damages, interest and attorney's fees.
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