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GASSER v. MORGAN

No. CV 80-G-0714-S.

498 F.Supp. 1154 (1980)

John GASSER, Individually and John Gasser d/b/a Mede, Inc. and Black Doggs, Plaintiff, v. Earl C. MORGAN, Individually and in his official capacity as District Attorney of the Tenth Judicial Circuit of Alabama; Charles A. Graddick, Individually and in his official capacity as Attorney General of the State of Alabama; and Fob James, Individually and in his official capacity as Governor of the State of Alabama, Defendants.

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

September 10, 1980.

Attorney(s) appearing for the Case

Judith S. Crittenden, Clark, James & Crittenden, Thomas B. Leonard, III, Civil Liberties Union of Alabama, Birmingham, Ala., for plaintiff.

Robert G. Cahill, Deputy Dist. Atty., Birmingham, Ala., for defendant Earl C. Morgan.

Rosa G. Hamlett, Asst. Atty. Gen., Montgomery, Ala., for defendants Graddick and James.

MEMORANDUM OPINION

GUIN, District Judge.

This case came on to be heard on the application for a preliminary injunction by the plaintiff, John Gasser, individually and John Gasser d/b/a Mede, Inc., and Black Doggs, and cross-motions for summary judgment by plaintiff and defendants. The court is of the opinion that Section 20-2-75 of the Code of Alabama 1975, as amended on May 23, 1980, is constitutional as interpreted...

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