WATTS v. HOUSING AUTHORITY OF BIRMINGHAM DISTRICT

Civ. A. No. 7690.

150 F.Supp. 552 (1956)

Rosa WATTS et al., Plaintiffs, v. HOUSING AUTHORITY OF the BIRMINGHAM DISTRICT et al., Defendants.

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

November 30, 1956.


Attorney(s) appearing for the Case

Peter A. Hall, Birmingham, Ala., Thurgood Marshall and Constance Baker Motley, New York City, for plaintiffs.

Spain, Gillon & Young, Birmingham, Ala., for defendants.


LYNNE, Chief Judge.

The substituted complaint filed in behalf of plaintiffs purports to present a spurious class action as permitted by the liberal provisions of Rule 23(a), (3), Federal Rules of Civil Procedure, 28 U.S.C.A.

Imprecise averments, commingling allegations of fact and legalistic arguments, have complicated the task of distilling the essence of such complaint in testing its sufficiency as against the motion to dismiss.

It seems clear that...

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