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UNITED STATES v. BRITTAIN

Civ. A. No. 70-880.

319 F.Supp. 1058 (1970)

UNITED STATES of America, Plaintiff, v. G. Clyde BRITTAIN, Probate Judge of Calhoun County, Alabama, and the State of Alabama, Defendants.

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

December 8, 1970.

Attorney(s) appearing for the Case

John N. Mitchell, Atty.Gen., Jerris Leonard, Asst.Atty.Gen., Washington, D.C., Wayman G. Sherrer, U.S.Atty., Birmingham, Ala., Gerald W. Jones, Walter Gorman, M. Karl Shurtliff, and Jeremy Schwartz, Attys., Dept. of Justice, Washington, D.C., for plaintiff.

MacDonald Gallion, Atty.Gen., Joseph Victor Price, Jr., Asst.Atty.Gen., Montgomery, Ala., for defendants.

MEMORANDUM OF DECISION

POINTER, District Judge.

This cause came on to be heard on December 8, 1970, on application by plaintiff for a temporary restraining order and a temporary injunction. At the hearing it was, however, under Rule 65 heard on the merits at the direction of the Court and with the approval of the parties, and submitted for final decision upon the pleadings, testimony, exhibits and stipulations. Defendants' answer to the complaint, dictated...

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