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BALDWIN v. MORGAN

Civ. A. No. 8634.

149 F.Supp. 224 (1957)

Carl L. BALDWIN et al., Plaintiffs, v. J. W. MORGAN, R. E. Lindbergh, J. T. Waggoner, individually and as Members of the Board of Commissioners of the City of Birmingham, et al., Defendants.

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

March 4, 1957.

Attorney(s) appearing for the Case

Demetrius C. Newton and Oscar W. Adams, Jr., Birmingham, Ala., for plaintiffs.

Cabaniss & Johnston, Joseph F. Johnston and Thaddeus Holt, Jr., James H. Willis, City Atty., James M. Breckenridge, Asst. City Atty., Birmingham, Ala., and John Patterson, Atty. Gen., Gordon Madison, Asst. Atty. Gen., and William F. Black, Atty., Montgomery, Ala., for defendants.

LYNNE, Chief Judge.

This is but another in the growing list of cases wherein both the tutored and the untutored apparently entertain the mistaken notion that the proper function of the federal courts is propaganda rather than judicature. They who espouse the theory that such courts should essay the roles of super legislatures know not what they do. One day they may be reminded of Mary Shelley's terrified self-reproach...

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