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GREGORY v. MITCHELL

Civ. A. No. 78-43-N.

459 F.Supp. 1162 (1978)

E. A. GREGORY, Vonna Jo Gregory, Thomas L. Brown, M. D., John B. Coleman and First Bank of Macon County, a Banking Corporation, Plaintiffs, v. Dennis M. MITCHELL, Individually and in his capacity as Alabama State Superintendent of Banks and as Chairman and Ex Officio a Member of the Alabama State Banking Board, Herman Watson, A. M. Grimsley, Jr., Feagin Rainer, M. R. Crump, H. T. Strother, and Hayse McGahey, Individually and as Members of said Banking Board, First Alabama Bancshares, Inc., a Bank Holding Corporation, First Alabama Bank, N. A., a Banking Corporation located in Notasulga, Alabama, Federal Deposit Insurance Corporation, a corporation created and existing under and by virtue of an Act of Congress, and United States of America, all Individually and Jointly, Defendants.

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

On Motion for Reconsideration September 5, 1978.

Attorney(s) appearing for the Case

Ira DeMent, James Jerry Wood, and Richard H. Sforzini, Jr., Montgomery, Ala., for plaintiffs.

R. E. Steiner, III, Montgomery, Ala. (Steiner, Crum & Baker), Montgomery, Ala., for defendants Mitchell, Watson, Grimsley, Rainer, Crump, Strother, and McGahey.

Charles M. Crook and T. W. Thagard, Jr., Montgomery, Ala. (Smith, Bowman, Thagard, Crook & Culpepper), Montgomery, Ala., for F. D. I. C., First Alabama Bank, N. A., Notasulga, Alabama, and First Alabama Bancshares, Inc.

Barry E. Teague, U. S. Atty., and Kenneth E. Vines, Asst. U. S. Atty., M. D. Ala., Montgomery, Ala., for the United States.

MEMORANDUM

JOHNSON, Chief Judge.

This is an action brought pursuant to 42 U.S.C. § 1983 by plaintiffs First Bank of Macon County and its major stockholders, E. A. Gregory, Vonna Jo Gregory, Thomas Brown, and John B. Coleman, who allege that their constitutional rights to due process and equal protection were violated when the Macon County Bank was closed and its assets sold. Defendants are Dennis Mitchell, Alabama Superintendent of Banks; the members...

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