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BENNETT v. COTTINGHAM

Civ. A. No. 67-640.

290 F.Supp. 759 (1968)

Mrs. Louise Tucker BENNETT, Mr. James Robertson, Mr. Julian May Jackson, suing by his mother and next friend, Mrs. Corine Jones, each individually and on behalf of all others similarly situated, Plaintiffs, v. The Honorable D. S. COTTINGHAM, George E. Dailey, Glen Tibbs, Louie Boggs, Lloyd Rowe, Alice Pratt, Clifford Ward, Freeman Murphy, Justices of the Peace in Bibb County, Alabama; the Honorable Harold Dailey, Sheriff of Bibb County, Alabama; the Honorable MacDonald Gallion, Attorney General of the State of Alabama; the Honorable George White, County Solicitor of Bibb County, Alabama, et al., Defendants.

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

Judgment Affirmed January 13, 1969.

Attorney(s) appearing for the Case

Harvey M. Burg and Oscar W. Adams, Jr., Birmingham, Ala., and Norman C. Amaker, William L. Robinson and Jack Greenberg, New York City, for plaintiffs.

MacDonald Gallion, Atty. Gen., for the State of Alabama, and Martin Mooneyham and Robert P. Bradley, Asst. Attys. Gen., Montgomery, Ala., for defendants.

Before GODBOLD, Circuit Judge, and GROOMS and ALLGOOD, District Judges.

Judgment Affirmed January 13, 1969. See 89 S.Ct. 554.

GROOMS, District Judge:

Plaintiffs are Negroes and bring this action on their own behalf and on behalf of all other persons similarly situated, both as Negroes and as non-resident motorists, pursuant to Rule 23 F.R.Civ.P. The jurisdiction of the Court is grounded in Sections 1343 and 2201 of Title 28 U.S.C. The suit is filed under Title 42 U.S.C. § 1983 to prevent the deprivation under color of State...

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