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UNITED STATES v. BARNETT

No. 20240.

316 F.2d 236 (1963)

UNITED STATES of America v. Ross R. BARNETT and Paul B. Johnson, Jr.

United States Court of Appeals Fifth Circuit.

April 9, 1963.

Attorney(s) appearing for the Case

Constance Baker Motley, New York City, Leon Jaworski, W. H. Vaughan, Jr., Houston, Tex., for the United States.

Dugas Shands, Asst. Atty. Gen. of Miss., Malcolm B. Montgomery, Jackson, Miss., Fred B. Smith, Ripley, Miss., Charles Clark, Garner W. Green, Sr., Joe T. Patterson, Atty. Gen. of Miss., Jackson, Miss., for respondents.

Before TUTTLE, Chief Judge, and RIVES, CAMERON, JONES, BROWN, WISDOM, GEWIN and BELL, Circuit Judges.

PER CURIAM.

Upon consideration of the following motions filed by the State of Mississippi and by the named respondents, and after argument of counsel;

1. The Motion of the United States to strike the Motion and plea of the State of Mississippi to dismiss the proceedings as being in violation of the Tenth and Eleventh Amendments to the Constitution is granted.

CAMERON, Circuit Judge, dissenting.

The following motions are denied.

1. Motions...

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