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GARDNER v. STATE OF ALABAMA, DEPT. OF PENSIONS & SECURITY

Nos. 24468, 24561.

385 F.2d 804 (1967)

John W. GARDNER, Secretary of the United States Department of Health, Education and Welfare, Appellant, v. The STATE OF ALABAMA, for and in Behalf of and as Trustee For the DEPARTMENT OF PENSIONS AND SECURITY of the State of Alabama, Appellee. The STATE OF ALABAMA, for and in Behalf of and as Trustee For the DEPARTMENT OF PENSIONS AND SECURITY of the State of Alabama, Petitioner, v. John W. GARDNER, Secretary of Health, Education and Welfare, Respondent.

United States Court of Appeals Fifth Circuit.

Certiorari Denied January 15, 1968.

Attorney(s) appearing for the Case

Macon L. Weaver, U. S. Atty., Birmingham, Ala., John Doar, Asst. Atty. Gen., D. Robert Owen, Owen M. Fiss, Alan G. Marer, Alvin Hirshen, Morton H. Sklar, David B. Marblestone, Attys., Dept. of Justice, Washington, D. C., for John W. Gardner.

Reid B. Barnes, Sp. Asst. Atty. Gen., William G. Somerville, Birmingham, Ala., Gordon Madison, Asst. Atty. Gen., McDonald Gallion, Atty. Gen., Montgomery, Ala., for State of Alabama.

Before GEWIN and AINSWORTH, Circuit Judges, and WEST, District Judge.

Certiorari Denied January 15, 1968. See 88 S.Ct. 773.

GEWIN, Circuit Judge:

The State of Alabama brought suit in the United States District Court for the Northern District of Alabama challenging the validity of an order issued by the Secretary of Health, Education and Welfare to terminate payment of approximately $100,000,000 in federal funds to the Alabama Department of Pensions and Security. The district court entered a preliminary injunction restraining...

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