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OTEY v. COMMON COUNCIL OF CITY OF MILWAUKEE

No. 67-C-402.

281 F.Supp. 264 (1968)

James E. OTEY, Plaintiff, v. The COMMON COUNCIL OF the CITY OF MILWAUKEE, a municipal legislative body, Board of Election Commissioners of the City of Milwaukee, a municipal statutory agency, and Ray Markey, City Clerk of the City of Milwaukee, Defendants.

United States District Court E. D. Wisconsin.

March 5, 1968.

Attorney(s) appearing for the Case

Leonard S. Zubrensky, Herbert S. Bratt, and Richard Perry, Milwaukee, Wis., for plaintiff.

Harry G. Slater and Ewald L. Moerke, Jr. Asst. City Atty., Milwaukee, Wis., for defendants.

H. William Ihrig, Ted Warshafsky, Milwaukee, Wis., Edward C. Petri, Jr. and Wayne Bernhagen, Robert Dwyer, Milwaukee, Wis., amici curiae.

OPINION

TEHAN, Chief Judge.

On November 28, 1967, the complaint in this class action was filed by James E. Otey, a citizen of the United States and resident of the City of Milwaukee, againt the Common Council of the City of Milwaukee, allegedly consisting of Milwaukee's Mayor and aldermen, the Board of Election Commissioners of the City of Milwaukee and the City Clerk of the City of Milwaukee.

The complaint alleges that the plaintiff, a Negro, has...

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