DAVIS v. COOK

Civ. A. No. 2682.

55 F.Supp. 1004 (1944)

DAVIS v. COOK et al.

District Court, N. D. Georgia, Atlanta Division.

June 29, 1944.


Attorney(s) appearing for the Case

A. T. Walden, of Atlanta, Ga., and Thurgood Marshall, of New York City, for plaintiffs.

J. C. Savage, E. L. Sterne, J. C. Murphy, and Bond Almand, all of Atlanta, Ga., for defendants.


UNDERWOOD, District Judge.

Defendants' motion to dismiss the above cause came on regularly for hearing and was argued both orally and by brief.

For grounds of the motion, defendants allege that no claim upon which relief can be granted has been alleged; that no actual controversy exists between the parties which could sustain a declaratory judgment; that in effect the suit is one against the State of Georgia, an indispensable party, to which it has not consented...

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