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MILNER v. BURSON

Civ. A. No. 14104.

320 F.Supp. 706 (1970)

Kent MILNER d/b/a Belevedere Driving School et al., v. Colonel R. H. BURSON, Director of the Georgia Department of Public Safety, Hinson McAuliffe, Solicitor of the Criminal Court of Fulton County, Georgia, Herbert T. Jenkins, Chief of Police of the City of Atlanta, Georgia, and J. B. Angelo Crowe, Consultant, Driver and Safety Education, Georgia Department of Education.

United States District Court, N. D. Georgia, Atlanta Division.

December 23, 1970.

Attorney(s) appearing for the Case

Westmoreland, Hall & Bryan, Atlanta, Ga., for plaintiffs.

Arthur K. Bolton, Atty. Gen. of Ga., for Colonel R. H. Burson and J. B. Angelo Crowe, Harold N. Hill, Jr., Executive Asst. Atty. Gen., Marion O. Gordon, Courtney Wilder Stanton, Asst. Attys. Gen., Atlanta, Ga.

Hinson McAuliffe, pro se; James L. Webb and Frank A. Bowers, Atlanta, Ga., for Hinson McAuliffe.

Henry L. Bowden & John E. Dougherty, Atlanta, Ga., for Herbert T. Jenkins.

Paul A. Martin, Atlanta, Ga., for Charles Harry Miller, Leslie Cole, Louie Newton Dowis, James R. Craig, Robert Frank DeArmon, Michael C. Moon, Thomas Sherwood Meads, Sullivan Reed, Charles H. Miller, Jr., Ken Bayne, Driving Instructors for Tall Man Driver Training & Ins. Agency Corp. (all of whom wish to be excluded from action).

Before BELL, Circuit Judge, and SMITH and EDENFIELD, District Judges.

EDENFIELD, District Judge:

Plaintiffs, operators of various commercial driving schools and the driving instructors of Taggart's Driving School, have brought this action against certain officials of the State of Georgia seeking a declaratory judgment and injunctive relief. Specifically, plaintiffs ask the court (1) to declare unconstitutional a portion of the Georgia Driver Training School License Act, Ga. Code Ann. ch. 92A-11 (hereinafter the Act), and (2) to permanently...

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