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McCLUNG v. KATZENBACH

Civ. A. No. 64-448.

233 F.Supp. 815 (1964)

Ollie McCLUNG, Sr. and Ollie McClung, Jr., Plaintiffs, v. Nicholas deB. KATZENBACH, as Acting Attorney General of the United States of America, et al., Defendants.

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

Probable Jurisdiction Noted October 5, 1964.

Attorney(s) appearing for the Case

Robert McD. Smith, William G. Somerville, Jr., and James H. Faulkner, of Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for plaintiffs.

K. William O'Connor, Department of Justice, Washington, D. C., for defendants.

Before GEWIN, Circuit Judge, and LYNNE and GROOMS, District Judges.

Probable Jurisdiction Noted October 5, 1964. See 85 S.Ct. 11.

PER CURIAM.

This is a suit by the owners and operators of a restaurant business in Birmingham, Alabama, seeking to enjoin the enforcement of the provisions of title II of the Civil Rights Act of 19641 on the ground that they are unconstitutional. A statutory three-judge court was convened pursuant to 28 U.S.C.A. § 2282, and the case was set down for hearing on September...

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