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STATE OF ALABAMA v. UNITED STATES

Civ. A. No. 5935-70-P.

314 F.Supp. 1319 (1970)

STATE OF ALABAMA, MacDonald Gallion as Attorney General, State of Alabama, Plaintiffs, v. UNITED STATES of America, Charles S. White-Spunner, as United States District Attorney, Ollie Mae Davis, as Mother and Next Friend of Betty Ann Davis, and James Allen Davis, Jerris Leonard, as Chief of Civil Rights Division, Department of Justice, and Robert H. Finch, as Secretary of Health, Education and Welfare, and Birdie Mae Davis, Defendants.

United States District Court, S. D. Alabama, S. D.

June 26, 1970.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., John G. Bookout, Deputy Atty. Gen., Gordon Madison, Asst. Atty. Gen. of Alabama, Montgomery, Ala., for plaintiffs.

Sara J. Beery, Attorney, Dept. of Justice, Washington, D. C., C. S. White-Spunner, Jr., U. S. Atty., Southern District of Alabama, Mobile, Ala., Vernon Z. Crawford, and A. J. Cooper, Jr., Mobile, Ala., Lowell Johnston, Jack Greenberg, and Michael Davidson, New York City, for defendants.

Before GEWIN, Circuit Judge, and THOMAS and PITTMAN, District Judges.

PER CURIAM:

A 1970 Special Session of the Alabama Legislature enacted a statute entitled, "An Act, To Prevent Discrimination on Account of Race, Creed or National Origin in Connection with the Education of the Children of the State of Alabama." Laws Sp.Sess.1970, p. 2601.1 This Act was approved by the Governor of Alabama on March 4, 1970. In the present action the State of Alabama seeks a declaration that this enactment is constitutional...

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