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BAXLEY v. POTTS

Civ. A. No. 3442-N.

337 F.Supp. 7 (1972)

William J. BAXLEY, as Attorney General of the State of Alabama, Plaintiff, v. Frank V. POTTS, as Chairman of the Alabama Alcoholic Beverage Control Board, et al., Defendants, Alabama Wholesale Beer Distributors, Incorporated, Defendant-Intervenor.

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

February 1, 1972.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Walter S. Turner, Chief Asst. Atty. Gen., Richard F. Calhoun and Henry H. Caddell, Asst. Attys. Gen., State of Ala., Montgomery, Ala. for plaintiff.

Henry B. Steagall, II, and J. W. Adams (Steagall & Adams), Ozark, Ala., for defendants Potts, Roberts, Anderson, Gray, and Whisenant.

John O. Harris, Legal Adviser to the Governor, State of Ala., Montgomery, Ala., appeared for the Governor.

Champ Lyons, Jr., and Thomas S. Lawson, Jr., of Capell, Howard, Knabe & Cobbs, Montgomery, Ala., for defendant-intervenor.

Before RIVES, Circuit Judge, and JOHNSON and VARNER, District Judges.

BY THE COURT:

The plaintiff seeks a declaratory judgment and injunctive relief permitting the sale of draft beer in all of the "wet" counties of the State on the ground that the following part of Title 29, section 34 of the Code of Alabama, recompiled 1958, deprives citizens of the State of Alabama residing in counties offering the sale of alcoholic beverages, where such counties are under a prohibition against the sale of draft or keg beer, of their rights, privileges...

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