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ARMSTRONG v. BOARD OF EDUCATION OF CITY OF BIRMINGHAM, ALA.

Civ. A. Nos. 9678, 10188.

220 F.Supp. 217 (1963)

Dwight ARMSTRONG et al., Plaintiffs, v. The BOARD OF EDUCATION OF the CITY OF BIRMINGHAM, JEFFERSON COUNTY, ALABAMA, et al., Defendants. Agnes NELSON and Oswald Nelson, Minors, etc., Plaintiffs v. The BOARD OF EDUCATION OF the CITY OF BIRMINGHAM, ALABAMA, et al., Defendants.

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

May 28, 1963.

Attorney(s) appearing for the Case

W. L. Williams, Jr., Birmingham, Ala., and Ernest D. Jackson, Sr., Jacksonville, Fla., for plaintiffs.

J. M. Breckenridge, City Atty., Cabaniss & Johnston, Joseph F. Johnston, Lange, Simpson, Robinson & Somerville, Reid B. Barnes and Ormond Somerville, Birmingham, Ala., for defendants.

LYNNE, District Judge.

When the Armstrong case (C.A. 9678) was called for trial on October 3, 1962, plaintiffs in the Nelson case (C.A. 10,188) moved for an order of consolidation or joint trial. Since it appeared that these actions involved common questions of law and fact the court entered an oral order consolidating them for purpose of trial only and expressly provided therein that all evidence offered and all objections thereto on any grounds made by any party...

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