WASHINGTON v. LEE

Civ. A. No. 2350-N.

263 F.Supp. 327 (1966)

Caliph WASHINGTON, Hosea L. Williams, Julia Allen, individually and as mother and next friend of Willie Allen, a minor, Willie Allen, Agnes Beavers, individually and as mother and next friend of Cecil McCargo, Jr., a minor, Cecil McCargo, Jr., Johnnie Coleman, and Thomas E. Houck, Jr., for themselves, jointly and severally, and for all others similarly situated, Plaintiffs, v. Frank LEE as Commissioner of Corrections of Alabama, John F. Britton, Charlie Cashion, Herschell Luttrell, Dr. Max McLaughlin and William Mitch, as members of the Board of Corrections of Alabama, A. Melvin Bailey, as Sheriff of Jefferson County, Alabama and all other sheriffs of Alabama, jointly and severally, who are similarly situated, Robert K. Austin as Warden of the City Jail of Birmingham, Alabama, and all other wardens and jailers of city and town jails of Alabama, jointly and severally, who are similarly situated, Defendants.

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

December 12, 1966.


Attorney(s) appearing for the Case

Charles Morgan, Jr., Atlanta, Ga., Orzell Billingsley, Jr., Birmingham, Ala., Melvin L. Wulf, New York City, and M. Laughlin McDonald, Atlanta, Ga., for plaintiffs.

Richmond M. Flowers, Atty. Gen., and Gordon Madison, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., for defendant, Board of Corrections.

Frank Dominick and Walter Fletcher, Dominick, Fletcher & Yeilding, Birmingham, Ala., for defendant, Bailey.

J. M. Breckenridge and Earl McBee, Birmingham, Ala., for defendant, Austin.

Before RIVES, Circuit Judge, and LYNNE and JOHNSON, District Judges.


JOHNSON, District Judge:

ORDER

This is an action for declaratory and injunctive relief instituted by one white and five Negro citizens on their own behalf and on behalf of other persons similarly situated, pursuant to Rule 23(a) (3) of the Federal Rules of Civil Procedure. The plaintiffs seek a declaration concerning the rights of Negro citizens, male and female, not to be segregated, classified, designated, or otherwise subjected to racial distinctions...

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