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DAVIS v. GATELY

Civ. A. No. 3336.

269 F.Supp. 996 (1967)

William Wesley DAVIS and Sandra Jean Drummond, Plaintiffs, v. Mabel V. Roman GATELY, Clerk of the Peace in and for New Castle County, Delaware, Defendant.

United States District Court D. Delaware.

June 26, 1967.

Attorney(s) appearing for the Case

Alfred J. Lindh, Wilmington, Del., for plaintiffs.

David P. Buckson, Atty. Gen. of State of Del. and Ruth M. Ferrell, Deputy Atty. Gen. of the State of Del., for defendant.

Before BIGGS, Circuit Judge, and WRIGHT and STEEL, District Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The plaintiff Davis is a "Negro" and the plaintiff Drummond is a "white person" within the meaning of the Delaware statutes set out hereinafter. The plaintiffs are residents of New Castle County, Delaware, and have the intention to remain indefinitely in that County and State. On March 21, 1967, intending to marry each other and to have that marriage solemnized in Delaware, they appeared together at the office of...

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