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JACKSON v. ELLINGTON

Civ. No. 69-387.

316 F.Supp. 1071 (1970)

Rev. H. Ralph JACKSON, Mrs. Maxine Smith, Dr. Vasco Smith, Rev. Ezekiel Bell, Jesse Epps, Father Milton Joseph Guthrie, James H. Lawson, Jr., Ralph Abernathy, Leroy Clark, National Association for the Advancement of Colored People, Memphis Branch, Southern Christian Leadership Conference, Memphis Chapter, on behalf of themselves and all persons similarly situated, Plaintiffs, v. Buford ELLINGTON, Governor of the State of Tennessee, David M. Pack, Attorney General for the State of Tennessee, Frank Holloman, Director of Fire and Police, City of Memphis, Henry Lux, Chief of Police, City of Memphis, Phil M. Canale, Attorney General 15th Judicial Circuit, City of Memphis, Defendants.

United States District Court, W. D. Tennessee, W. D.

September 4, 1970.

Attorney(s) appearing for the Case

Louis R. Lucas, David Caywood, Anthony Sabella, Memphis, Tenn., for plaintiffs.

Jas. M. Manire, City Atty., Frierson M. Graves, Asst. City Atty., Memphis, Tenn., Thomas E. Fox, Deputy Atty. Gen., Nashville, Tenn., J. Clyde Mason, Eugene C. Gaerig, Asst. Attys. Gen., Memphis, Tenn., for defendants.

Before PHILLIPS, Chief Circuit Judge, BROWN, Chief District Judge, and McRAE, District Judge.

OPINION

ROBERT M. McRAE, District Judge.

Plaintiffs bring this suit as a class action seeking both injunctive and declaratory relief involving the constitutionality of statutes of the State of Tennessee, namely T.C.A. § 39-1011, which prohibits inducing children to be absent from school to participate in a public protest demonstration or breach of peace and T.C.A. § 37-270, which prohibits contributing to the delinquency of minors. A three-judge...

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