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UNITED STATES v. STATE OF ALA.

Civ. A. No. CV 83-C-1676-S.

582 F.Supp. 1197 (1984)

UNITED STATES of America, Plaintiff, v. The STATE OF ALABAMA; et al., Defendants.

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

March 16, 1984.

Attorney(s) appearing for the Case

Frank W. Donaldson, Caryl P. Privett, Birmingham, Ala., William French Smith, Atty. Gen., Wm. Bradford Reynolds, Asst. Atty. Gen., Thomas H. Keeling, Nathaniel Douglas, Franz Marshall, Harvey L. Handley, III, Jeanne K. Pettenati, Jay P. Heubert, Levern M. Younger, General Litigation Section, Civil Rights Div., Dept. of Justice, Washington, D.C., for plaintiff.

Ronald W. Wise, Ira De Ment, De Ment & Wise, Montgomery, Ala., for Wallace, Alabama Commission of Higher Ed. and Ala. Public School & College Authority.

Walter J. Merrill, Anniston, Ala., for Jacksonville State Univ.

Joe R. Whatley, Jr., John C. Falkenberry, Stewart, Falkenberry & Whatley, Birmingham, Ala., for Board of Trustees for Alabama A & M.

OPINION ON MOTIONS FOR RECUSAL

DYER, Senior Circuit Judge, Sitting by Designation.

The United States instituted this action against the State of Alabama and its state institutions of higher learning, including Auburn University, alleging that the defendants are maintaining and perpetuating racial segregation. The case was routinely and randomly assigned to Judge U.W. Clemon. Auburn University and Wayne Teague, the State Education Commissioner, filed motions...

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