SMITH v. BLACKWELL


34 F.Supp. 989 (1940)

SMITH et al. v. BLACKWELL, Secretary of State, et al.

District Court, E. D. South Carolina, Columbia Division.

September 17, 1940.


Attorney(s) appearing for the Case

M. W. Seabrook, of Sumter, S. C. (A. S. Merrimon, of Sumter, S. C., and C. B. Ruffin, of Bishopville, S. C., of counsel), for plaintiffs.

John M. Daniel, Atty. Gen., of South Carolina, and T. C. Callison, Asst. Atty. Gen., of South Carolina, for defendants.


LUMPKIN, District Judge.

This matter comes before me on a summons and complaint for a declaratory judgment in favor of the plaintiffs, the grounds therefor being more fully hereinafter set forth.

The defendants served a motion to dismiss the complaint under Rule 12(b), Section (6) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, one of the grounds being "the complaint does not state a claim on which relief can be granted."

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