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BARNES v. MERRITT

No. 23573.

376 F.2d 8 (1967)

Donald W. BARNES, Appellant, v. B. F. MERRITT, Jr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 18, 1967.

Attorney(s) appearing for the Case

H. T. O'Neal, Jr., Adams, O'Neal, Steele, Thornton & Hemingway, Macon, Ga., for appellant.

Trammell F. Shi, City Atty., Shi & Raley, Macon, Ga., for appellees.

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

GEWIN, Circuit Judge:

Donald W. Barnes brought suit in the United States District Court for the Middle District of Georgia under 28 U.S.C. § 1343(3) and 42 U.S.C. § 1983 for declaratory and injunctive relief alleging that the Mayor of the City of Macon, Georgia, and the members of the City Council had unlawfully deprived plaintiff of due process and equal protection of the laws in violation of the Fourteenth Amendment in denying his application for a retail...

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