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TURNER v. SPENCER

Civ. A. Nos. 3871-65, 3872-65, 3945-65.

261 F.Supp. 542 (1966)

Albert TURNER et al., Plaintiffs, and United States of America, by Nicholas de B. Katzenbach, Attorney General, Plaintiff-Intervenor, v. V. K. SPENCER, Robert Woodson and C. C. Hughey, as members of the Jury Commission of Perry County, Alabama, and each of their successors in office, Defendants. Lewis BLACK et al., Plaintiffs, and United States of America, by Nicholas de B. Katzenbach, Attorney General, Plaintiff-Intervenor, v. Clarence CURB, Allen Thomas, and Martin Luther Mills, as members of the Jury Commission of Hale County, Alabama, and each of their successors in office, Defendants. Jack McNEIR et al., Plaintiffs, and United States of America, by Nicholas de B. Katzenbach, Attorney General, Plaintiff-Intervenor, v. Carl AGEE, S. C. Capell and Fred Bain Henderson, as members of the Jury Commission of Wilcox County, Alabama, and each of their successors in office, Defendants.

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

November 30, 1966.

Attorney(s) appearing for the Case

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

John Doar, Asst. Atty. Gen., Frank M. Dunbaugh, Dept. of Justice, Washington, D. C., Charles Quaintance, Selma, Ala., George G. Rayborn, Jr., Dept. of Justice, Washington, D. C., for intervenor.

Richmond M. Flowers, Atty. Gen., Robert P. Bradley, Asst. Atty. Gen., Leslie Hall, Asst. Atty. Gen., W. B. Arbuthnot, County Sol., Perry County, Marion, Ala., Richard H. Poellnitz, County Sol., Hale County, Greensboro, Ala., for defendants.

Pitts & Pitts, Selma, Ala., and Virgis Ashworth, Centreville, Ala., for L. S. Moore, Judge Fourth Judicial Circuit.

DANIEL HOLCOMBE THOMAS, Chief Judge.

STATEMENT OF THE CASE

Each of these cases is a class action brought by Negro citizens residing in Hale, Wilcox and Perry Counties, Alabama, against the members of the jury commission in the respective counties. The plaintiffs allege that the defendants have systematically excluded Negroes from jury service. The United States of America, pursuant to Title 42, Section 2000h-2, United States Code, and Rule 24(b) of the Federal...

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