BILLINGSLEY v. CLAYTON

No. 22304.

359 F.2d 13 (1966)

Orzell BILLINGSLEY, Sr., C. Herbert Oliver, J. S. Phifer and Abraham Woods, Jr., Appellants, v. George W. CLAYTON et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 5, 1966.


Attorney(s) appearing for the Case

Orzell Billingsley, Jr., Peter A. Hall, J. Mason Davis, Oscar W. Adams, Birmingham, Ala., Charles Morgan, Jr., Atlanta, Ga., Jack Greenberg, Norman Amaker, Melvin L. Wulf, New York City, for appellant.

Richmond M. Flowers, Atty. Gen., Leslie Hall, Asst. Atty. Gen., Montgomery, Ala., Burgin Hawkins, Birmingham, Ala., Earl C. Morgan, Circuit Sol., 10th Judicial Circuit of Alabama, Birmingham, Ala., for appellees.

John Doar, Asst. Atty. Gen., David L. Norman, Charles R. Nesson, Attys., Dept. of Justice, Washington, D. C., amici curiæ.

Before TUTTLE, Chief Judge, and BROWN, WISDOM, GEWIN, BELL, THORNBERRY and COLEMAN, Circuit Judges.


GEWIN, Circuit Judge:

This is a jury exclusion case, but not one of the usual type. Most of the cases dealing with the subject arise from a conviction in a serious criminal case in which it is claimed that the constitutional rights of a Negro defendant have been infringed because Negroes were systematically excluded from jury service. This is a civil proceeding.

The Negro plaintiffs (appellants) brought this class action against the three members and the cerk...

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