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STATE OF ALABAMA v. KELLEY

Civ. A. No. 1762-N.

214 F.Supp. 745 (1963)

The STATE OF ALABAMA, on the relation of Richmond M. FLOWERS, as Attorney General of the State of Alabama, Plaintiff, v. Claude D. KELLEY, Individually and as Director of the Department of Conservation of the State of Alabama, George C. Wallace, Individually and as Governor of the State of Alabama, the Tri-State Corporation, Inc., an Alabama Corporation, Laurence H. Marks, Individually and as Chief of the Division of State Parks, Monuments and Historical Sites of the Department of Conservation of the State of Alabama; George Trawick, the First Bank & Trust Company of Pensacola, Florida; and United States of America, Defendants.

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

January 25, 1963.

Attorney(s) appearing for the Case

Richard C. Belser, Montgomery, Ala., and Nicholas S. Hare, Mobile, Ala., Sp. Asst. Attys. Gen., of Alabama, for the State of Alabama and the State officials.

Harry H. Riddick, of Hamilton, Denniston, Butler & Riddick, Mobile, Ala., for defendants Tri-State Corp., Inc., and George Trawick.

William A. Oldacre, of Hill, Hill, Stovall & Carter, Montgomery, Ala., for defendant First Bank & Trust Co. of Pensacola, Fla.

Hartwell Davis, U. S. Atty., and Sterling G. Culpepper, Jr., Asst. U. S. Atty., Montgomery, Ala., for defendant United States.

JOHNSON, District Judge.

This action was originally filed in the Circuit Court of Montgomery County, Alabama, in December 1958, by the State of Alabama through its Attorney General. The State of Alabama seeks to have a lease agreement entered into in 1956 and amended in 1957 between the State, as lessor, and The Tri-State Corporation, as lessee,1 rescinded, set aside, canceled and held for naught.

On the date the action was filed...

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