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HOLMES v. WALLACE

Civ. A. No. 75-390-N.

407 F.Supp. 493 (1976)

Alvin A. HOLMES, Individually and as a Representative in the Alabama State Legislature, Plaintiff, v. George C. WALLACE, Individually and as Governor of the State of Alabama, et al., Defendants.

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

February 12, 1976.

Attorney(s) appearing for the Case

Solomon S. Seay, Jr., Gray, Seay & Langford, Montgomery, Ala., for plaintiff.

Charles M. Crook, Smith, Bowman, Thagard, Crook & Culpepper, Montgomery, Ala., for defendants.

ORDER

VARNER, District Judge.

This cause is now presented upon the motion to dismiss filed herein November 18, 1975, as amended January 7, 1976, upon which oral argument was heard in this Court on January 16, 1976. The action is brought upon two theories of liability. Plaintiff alleges that the flying of the flag of the former Confederate States of America immediately below that of the State of Alabama on a halyard atop the Alabama State Capitol in Montgomery...

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