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CHAVIS v. WHITCOMB

No. IP 69-C-23.

305 F.Supp. 1364 (1969)

Patrick CHAVIS, Andrew Ramsey, Mason Bryant, Rowland Allen, William Walker, Jr., and Marilyn Hotz, Plaintiffs, v. Edgar D. WHITCOMB, Governor of the State of Indiana, Defendant, and John C. Ruckelshaus, Otis R. Bryant, Jr., and Robert C. Morris, Intervening Defendants.

United States District Court S. D. Indiana, Indianapolis Division.

July 28, 1969.

Attorney(s) appearing for the Case

James W. Beatty, Bamberger & Feibleman, James Manahan, Indianapolis, Ind., for plaintiffs.

Richard C. Johnson, Deputy Atty. Gen., Indianapolis, Ind., for defendant.

William K. Byrum, Fulmer, Burris & Byrum, Indianapolis, Ind., for intervening defendants.

Before KERNER, Circuit Judge, STECKLER, Chief District Judge, and NOLAND, District Judge.

OPINION

By Judges KERNER, STECKLER, and NOLAND:

This suit was tried before a three-judge court of the Southern District of Indiana, constituted under 28 U.S.C. § 2281 in that the complaint prays that certain statutes of the State of Indiana, having state-wide effect,1 be declared violative of the Constitution of the United States. Jurisdiction is predicated upon 28 U.S.C. § 1343. The complaint seeks declaratory relief...

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