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GIORDANO v. STUBBS

Civ. A. No. 15577.

335 F.Supp. 107 (1971)

Joseph P. GIORDANO et al. v. Hiram F. STUBBS et al.

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

November 15, 1971.

Attorney(s) appearing for the Case

Haas, Holland, Levison & Gibert, Atlanta, Ga., for plaintiffs.

Stark & Stark, Lawrenceville, Ga., for O. Millard Peevy.

Huie & Harland, Atlanta, Ga., for Hiram F. Stubbs.

Before BELL, Circuit Judge, and EDENFIELD and O'KELLEY, District Judges.

EDENFIELD, District Judge:

Plaintiffs seek declaratory and injunctive relief against the enforcement of [1970 Supp.] Ga.Code Ann. § 67-15061 on the ground that this statute, as authoritatively construed by the Georgia courts, deprives them of their property without due process of law and is unconstitutional. Plaintiffs also contend that, this case should be determined by a three-judge court in accordance with 28 U.S.C. § 2281...

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