HOGUE v. AUBURTIN

Civ. A. No. 5118-68.

291 F.Supp. 1003 (1968)

Spencer HOGUE, individually and on behalf of all others similarly situated, Albert Turner, President, Perry County Civic League, individually, and on behalf of all others similarly situated, Plaintiffs, v. The Honorable G. B. AUBURTIN, Acting City Clerk, Election Clerk, City of Marion, Alabama; the Honorable O. J. Barton, Probate Judge, Perry County, Alabama; the Board of Registrars of Perry County, Alabama, and N. J. Davis, in his capacity as Chairman of the Board of Registrars; the Honorable R. L. Pegues, Mayor of Marion, Alabama; the Honorable James Pearson; the Honorable Douglas Moore; the Honorable C. B. Ivey; the Honorable W. O. Carter; the Honorable Paul Anderson, Members of the City Council of Marion, Alabama, Defendants.

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

October 11, 1968.


Attorney(s) appearing for the Case

Harvey M. Burg, Birmingham, Ala., Norman C. Amaker, James Finney, Jack Greenberg, New York City, for plaintiffs.

Mason & Davis, Thaddeus J. Davis, Jr., Marion, Ala., MacDonald Gallion, Atty. Gen., State of Alabama, Montgomery, Ala., for defendants.


TEMPORARY INJUNCTION

PITTMAN, District Judge.

The plaintiffs filed a complaint, motion for a preliminary injunction, and motion for a temporary restraining order on August 8, 1968. The temporary restraining order sought to restrain the holding of a municipal election for the offices of Mayor and City Councilmen to be held in Marion, Perry County, Alabama, on August 13, 1968, together with other relief, all without notice and without a hearing. The motion...

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