DOBY v. BROWN

Civ. No. 337.

135 F.Supp. 584 (1955)

Eliza Jane DOBY and J. Lillian Doby, Plaintiff, v. R. L. BROWN, Jr., John B. Morris, Jr., J. Heath Morrow, Charles M. Pickler, H. Wells Rogers, Ted Furr, Trustees of the Albemarle City Administrative Unit, and Claud Grigg, Superintendent of Public Instruction of the Albemarle City Administrative Unit, Defendants.

United States District Court M. D. North Carolina, Salisbury Division.

November 4, 1955.


Attorney(s) appearing for the Case

Sedberry, Clayton & Sanders, Charlotte, N. C., for plaintiff.

Morton & Williams, Albemarle, N. C., for defendants.


HAYES, District Judge.

The plaintiffs in their complaint allege that the defendants, school officials of the Albemarle School District, are seeking to condemn a tract of their land to be used as a public school site and on which to erect school buildings. They seek a declaratory judgment and to restrain the defendants from proceeding with the condemnation proceedings pending in the state court. They undertake to establish jurisdiction in this court on the ground of...

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