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ALABAMA STATE TEACHERS ASS'N v. ALABAMA PUB. SCH. & COL. AU.

Civ. A. No. 2649-N.

289 F.Supp. 784 (1968)

ALABAMA STATE TEACHERS ASSOCIATION, a corporation; Alvin A. Holmes; William Sankey; Albert Harris; Sylvester Pressley; and Joe L. Reed, on behalf of themselves and all others similarly situated, Plaintiffs, v. ALABAMA PUBLIC SCHOOL AND COLLEGE AUTHORITY, a corporation et al., Defendants.

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

July 26, 1968.

Attorney(s) appearing for the Case

Fred D. Gray, of Gray, Seay, Langford & Pryor, Montgomery Ala., and Morris S. Dees, Montgomery, Ala., for plaintiffs.

MacDonald Gallion, Atty. Gen., Gordon Madison, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., for Alabama Public School and College Authority and its officers.

James J. Carter, of Hill, Hill, Stovall & Carter, Montgomery, Ala., and Thomas D. Samford, III, Samford & Samford, Opelika, Ala., for Members of Board of Trustees of Auburn University, and Board of Trustees of Auburn University.

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

FRANK M. JOHNSON, Jr., District Judge:

The plaintiffs in this class action seek to prevent the State of Alabama from constructing and operating a four-year, degree-granting extension of Auburn University in the City of Montgomery, Alabama. Plaintiffs originally sought a declaratory judgment as to the invalidity of and an injunction against any action under or pursuant to Alabama Act No. 243 of 1965 and Alabama Act No. 403 of 1967.1

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