ALABAMA NAACP STATE CONFERENCE OF BRANCHES v. WALLACE

Civ. A. No. 2457-N.

269 F.Supp. 346 (1967)

ALABAMA NAACP STATE CONFERENCE OF BRANCHES et al., Plaintiffs, United States of America, Plaintiff and Amicus Curiae, v. Lurleen Burns WALLACE, Governor of the State of Alabama et al., Defendants, John W. Gardner, as Secretary of Health, Education and Welfare of the United States, and Harold Howe II, as United States Commissioner of Education, Impleaded Defendants.

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

May 3, 1967.


Attorney(s) appearing for the Case

Orzell Billingsley, Jr., Peter A. Hall, Oscar W. Adams, Jr., J. Mason Davis, Birmingham, Ala., David H. Hood, Jr., Bessemer, Ala., Robert L. Carter, New York City, and Frank D. Reeves, Washington, D. C., for plaintiffs.

Ben Hardeman, U. S. Atty., Montgomery, Ala., John Doar, Asst. Atty. Gen., and St. John Barrett, John M. Rosenberg, Brian Landsberg, Charles Quaintance and Reuben Ortenberg, Attys., Dept. of Justice, Washington, D. C., for the United States.

Hugh Maddox, Legal Adviser to the Governor, Montgomery, Ala., Goodwyn, Smith & Bowman, Montgomery, Ala., and John C. Satterfield, Yazoo City, Miss., for defendants.

James Taylor Hardin, Asst. Atty. Gen., Montgomery, Ala., for defendants Governor Wallace, Governor's Commission, Seymore Trammell and John Graves.

McQueen, Flowers & Ray, Tuscaloosa, Ala., for defendants Tuscaloosa City and County Boards of Education.

Ben Hardeman, U. S. Atty., Montgomery, Ala., John Doar, Asst. Atty. Gen., and St. John Barrett, Brian Landsberg, Reuben Ortenberg, Alanson Willcox and Albert T. Hamlin, Attys., Dept. of Justice, Washington, D. C., for impleaded defendants.

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


PER CURIAM:

On September 12, 1966, the Alabama NAACP Conference of Branches and certain individual plaintiffs instituted this action for a judgment declaring invalid Act No. 252 of the 1966 Special Session of the Alabama Legislature1 and for an injunction against its implementation. The complaint rests upon the due process and equal protection clauses of the fourteenth amendment and the impairment...

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