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RADER v. DOTHARD

Civ. A. No. 76-245-N.

434 F.Supp. 688 (1977)

Harold Keith RADER, Plaintiff, v. Elred C. DOTHARD, in his official capacity as Director of the Department of Public Safety, Defendant.

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

March 16, 1977.

Attorney(s) appearing for the Case

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

Paul S. Liston, Atlanta, Ga., for plaintiff.

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

JOHNSON, Chief District Judge:

The facts in this action are not in dispute. Plaintiff, Harold Keith Rader, was arrested in Birmingham, Alabama, for driving a motor vehicle while he was intoxicated, in violation of Title 36, Section 68 of the Code of Alabama 1940 (Recompiled 1958). Plaintiff appeared in the Recorder's Court for the City of Birmingham, entered a plea of guilty, and was fined $114, which was promptly paid. At that time plaintiff's driver's license was...

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