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TATE v. CITY OF EUFAULA, ALABAMA

Civ. A. No. 1442-N.

165 F.Supp. 303 (1958)

Stephen TATE, Clara Cochran, David Frost, Jr., Adolphus Cummings, Annie Bell Crews, Oscar Bouer, Gennie M. Griffin, Willie Griffin, Dan Walker, Lula Young, on behalf of themselves and others similarly situated, Plaintiffs, v. The CITY OF EUFAULA, ALABAMA, a municipal corporation; The Housing Authority of the City of Eufaula, Alabama, a public corporation, and Harry Wrighton, Executive Director, Housing Authority of the City of Eufaula, Alabama, Defendants.

United States District Court M. D. Alabama, N. D.

August 5, 1958.

Attorney(s) appearing for the Case

Fred Gray, Montgomery, Ala., for plaintiffs.

Grubb & LeMaistre, Eufaula, Ala., and Hill, Hill, Stovall & Carter, Montgomery, Ala., for defendants.

JOHNSON, District Judge.

This cause is now submitted upon the motion of the defendants seeking to have the Court dismiss the action.

The action was instituted by the above-named adult Negro citizens, all of Eufaula, Barbour County, Alabama, as plaintiffs on behalf of themselves and others similarly situated. Institution of such a class action is authorized by Rule 23(a) (3) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The plaintiffs own property in...

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