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TOLBERT v. McGRIFF

Civ. A. No. 76-122-N.

434 F.Supp. 682 (1976)

Joseph Alvin TOLBERT, Individually and on behalf of all others similarly situated, Plaintiffs, v. G. L. McGRIFF, Individually and in his official capacity as Chief of the Driver License Division, his agents, servants, assigns, and successors in office, E. C. Dothard, Individually and in his official capacity as Director of the Department of Public Safety, his agents, servants, assigns, and successors in office, the Medical Advisory Board to the Driver License Division, and anonymous members of the Board, Individually and in their official capacities, their agents, servants, assigns, and successors in office, Defendants.

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

November 12, 1976.

Attorney(s) appearing for the Case

John L. Carroll, Joseph J. Levin, Jr., Pamela S. Horowitz, and Morris S. Dees, Jr., Montgomery, Ala., for plaintiffs.

William J. Baxley, Atty. Gen., and Kent B. Brunson, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., for defendants.

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

JOHNSON, Chief District Judge:

In this action, plaintiff seeks declaratory and injunctive relief for himself and for the class he represents for deprivation of their right to due process in the suspension of their driver's licenses. Jurisdiction in this matter is pursuant to 28 U.S.C. § 1331 and § 1334(3). This action was filed in this Court on April 6, 1976. A three-judge panel was constituted pursuant to 28 U.S.C. § 2281. The case was submitted upon...

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