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HARLEY v. OLIVER

No. FS-75-22-C.

400 F.Supp. 105 (1975)

Bulah (Oliver) HARLEY, Individually, and Bobby Allen Oliver, a minor, by Bulah (Oliver) Harley, His Guardian, Custodial Parent and Next Friend, Plaintiffs, v. Thomas Edward OLIVER et al., Defendants.

United States District Court, W. D. Arkansas, Fort Smith Division.

May 20, 1975.

Attorney(s) appearing for the Case

Billy E. Moore, Columbus, Ga., Kenneth S. Jacobs, of Jacobs & Leston, Villa Park, Ill., George H. Hartman, New York City, Willard Crane Smith, Jr., Ft. Smith, Ark., for plaintiffs.

J. H. Evans, of Warner & Smith, Robert T. Dawson, of Hardin, Jesson & Dawson, Ft. Smith, Ark., for defendants.

OPINION

JOHN E. MILLER, Senior District Judge, Sitting by Designation.

The motion of plaintiffs (1) for a change of venue, and (2) for a disqualification of the undersigned Judge was filed on May 15, 1975.

By the complaint filed February 19, 1975, the plaintiffs are seeking a declaratory judgment that certain actions of the defendants are unconstitutional and to enjoin the defendants from proceeding in their alleged unconstitutional acts under color...

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