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SMITH v. LADNER

Civ. A. No. 3905J.

260 F.Supp. 918 (1966)

James SMITH, Thelma Barnes, Clarence Hall, Sidney Alexander and Jessie Thompson, individually and as incorporators of Delta Opportunity Corporation, Plaintiffs, v. Heber LADNER, individually and as Secretary of State of the State of Mississippi, Joe T. Patterson, individually and as Attorney General of the State of Mississippi, and Paul B. Johnson, individually and as Governor of the State of Mississippi, Defendants.

United States District Court S. D. Mississippi.

October 11, 1966.

Attorney(s) appearing for the Case

Carsie A. Hall, Jack Young, Edward H. Tucker, R. Jess Brown, Jackson, Miss., for plaintiffs.

Joe T. Patterson, Atty. Gen. State of Miss., Martin R. McLendon, Asst. Atty. Gen. State of Miss., Jackson, Miss., for defendants.

Before COLEMAN, Circuit Judge, and COX and RUSSELL, District Judges.

JOHN R. BROWN, Acting Chief Judge.

Whereas Honorable Elbert P. Tuttle, Chief Judge of the United States Court of Appeals for the Fifth Circuit, is outside of the Circuit and temporarily unable to perform his duties as Chief Judge; and whereas the undersigned is a Circuit Judge in active service, present in the Circuit, under 70 years of age, next in precedence, and able and qualified to act as Chief Judge pursuant to 28 U.S.C.A. § 45(d); and whereas in my judgment...

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