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WILSON v. WEST VIRGINIA BD. OF EMBALM. & FUN. DIRECTORS

Civ. A. No. 2174.

168 F.Supp. 753 (1959)

Harlan Y. WILSON, Plaintiff, v. The WEST VIRGINIA BOARD OF EMBALMERS AND FUNERAL DIRECTORS, composed of C. R. Bonar, President, J. S. Estep, Vice-President, E. E. Allen, Secretary and Treasurer, M. W. Bodey, Member, and Ralph D. Bratton, Member, and Frank L. Taylor, Judge of the Circuit Court of Kanawha County, West Virginia, Defendants.

United States District Court S. D. West Virginia, at Charleston.

January 5, 1959.

Attorney(s) appearing for the Case

John A. Amick, Charleston, W. Va., for plaintiff.

Clement R. Bassett, Asst. Atty. Gen., of West Virginia (W. W. Barron, Atty. Gen. of West Virginia, on the brief), for defendants.

HARRY E. WATKINS, District Judge.

Plaintiff alleges that he has been deprived of his civil rights by the defendants, acting under color of statutes and regulations of the State of West Virginia, and brings this action under 42 U.S.C.A. § 1983, asking (1) that this Court convene a three-judge court pursuant to 28 U.S.C.A. § 2281; (2) declare unconstitutional the statutes and regulations complained of; and (3) enjoin the defendants from enforcing those statutes...

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