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STATE OF ALABAMA v. JONES

Civ. A. No. 1651-N.

189 F.Supp. 61 (1960)

STATE OF ALABAMA, on the relation of John PATTERSON as the Governor of the State of Alabama, and Sam M. Engelhardt, Jr., Complainants, v. Robert W. JONES, as Chairman of the United States Civil Service Commission; Frederick J. Lawton, as a Member of the United States Civil Service Commission; Mrs. Barbara Bates Gunderson, as a Member of the United States Civil Service Commission, and John Doe, being the Person who has been Directed by the United States Civil Service Commission to Conduct a Hearing as Trial Examiner in the Matter of the United States Civil Service Commission against Sam M. Engelhardt, Jr., and the State of Alabama, Respondents.

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

November 12, 1960.

Attorney(s) appearing for the Case

Smith & Moore, Montgomery, Ala., for complainants.

Hartwell Davis, U. S. Atty., and Paul L. Millirons, Asst. U. S. Atty., Montgomery, Ala., for respondents.

JOHNSON, District Judge.

This case, having been removed to this Court on October 18, 1960, as authorized by Title 28, § 1442, United States Code, is now submitted upon the motion of the respondents seeking to have this Court (1) set aside the injunction and restraining order entered in this case by the Circuit Court of Montgomery County, Alabama (Equity Case No. 35302) on the 17th day of October, 1960, and (2) dismiss the case. The grounds upon which respondents...

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