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SELLERS v. TRUSSELL

Civ. A. Nos. 2361-N, 2373-N.

253 F.Supp. 915 (1966)

Aaron SELLERS, Wilbert Thomas, Ed Hall, Paul T. Mitchell, Benjamin Jordan, Ben McGhee, and Booker T. Walker, Plaintiffs, v. John C. TRUSSELL, Jr., George E. Blue, R. C. Green, and J. R. Graham, as members of Bullock County Court of County Commissioners, Hon. Fred D. Main, as Probate Judge of Bullock County, Alabama, and as Special Judge of the Bullock County Court of County Commissioners, and John Allen Crook, as Chairman of the Bullock County Democratic Executive Committee, Defendants. UNITED STATES of America, Plaintiff, v. John Allen CROOK, as Chairman of the Bullock County Democratic Executive Committee, Walter Ellis, as Secretary of the Bullock County Democratic Executive Committee, Fred D. Main, as Judge of Probate for Bullock County, Alabama, and the State of Alabama, Defendants.

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

April 15, 1966

Attorney(s) appearing for the Case

Civ. A. No. 2361-N:

Gray & Seay, Montgomery, Ala., and Jack Greenberg, New York City, for plaintiffs.

Maury D. Smith and Stanley B. Sikes, of Goodwyn & Smith, Montgomery, Ala., for defendants.

Civ. A. No. 2373-N:

John Doar, Asst. Atty. Gen., John M. Rosenberg and Brian K. Landsberg, Attys., U. S. Dept. of Justice, Washington, D. C., and Ben Hardeman, U. S. Atty., Montgomery, Ala., for plaintiff.

Richmond M. Flowers, Atty. Gen. of Alabama, and Gordon Madison, Asst. Atty. Gen. of Alabama, Montgomery, Ala., for defendant State of Alabama.

Maury D. Smith and Stanley B. Sikes, of Goodwyn & Smith, Montgomery, Ala., for remaining defendants.

Before RIVES, Circuit Judge, and GROOMS and JOHNSON, District Judges.

RIVES, Circuit Judge:

I.

These two actions were consolidated pursuant to Rule 42(a), Federal Rules of Civil Procedure, by order dated March 31, 1966. Each action seeks to enjoin the enforcement of Alabama Act No. 536 (Regular Session, 1965) as violative of the Constitution and laws of the United States. Both cases are now submitted on motion for interlocutory injunction and also for final judgment.

Act No. 536 changes the term of office of County...

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