GRAHAM v. BREWER

Civ. A. No. 67-679.

295 F.Supp. 1140 (1968)

Bryce U. GRAHAM, Plaintiff, v. Albert BREWER, as Governor of the State of Alabama, et al., Defendants.

United States District Court N. D. Alabama, Northwestern Division.

May 21, 1968.


Attorney(s) appearing for the Case

Bryce U. Graham, Tuscumbia, Ala., pro se.

John Tucker, Birmingham, Ala., for plaintiff.

MacDonald Gallion, Atty. Gen., and William N. McQueen, Asst. Atty. Gen. of Alabama, for defendants Doyle R. Young, Special Asst. Atty. Gen., and Nicholas S. Hare, Special Asst. Atty. Gen., of Alabama, Jerry L. Beasley, Clayton, Ala., of counsel.

Robert Straub, Decatur, Ala., for defendant W. Raymond Wheeler, Sheriff.

John J. O'Connell, Atty. Gen., and Paul D. Solomon and Arthur F. Mickey, Asst. Attys. Gen., for the State of Washington, amicus curiae.

Dr. R. Elmer Nielsen, Birmingham, Ala., pro per, for Alabama Temperance Alliance, Inc., amicus curiae.

Robert Y. Button, Atty. Gen. of Virginia and William P. Bagwell, Jr., Asst. Atty. Gen., for the State of Virginia, amicus curiae.

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., A. J. Carubbi, Jr., Executive Asst. Atty. Gen., Robert C. Flowers, Douglas H. Chilton, and Lonny F. Zwiener, Asst. Attys. Gen., Austin, Tex., for the State of Texas, amicus curiae.

Joe Patterson, Atty. Gen., and John E. Stone, Asst. Atty. Gen., for the State of Mississippi, amicus curiae.

Before RIVES, Circuit Judge, and LYNNE and ALLGOOD, District Judges.


PER CURIAM:

The plaintiff seeks declaratory and injunctive relief involving the construction and constitutionality of the local option liquor laws of the State of Alabama. Those laws provide for county elections on the question: "Do you favor the legal sale and distribution of alcoholic beverages within this county? Yes ___, No ___." Results of such elections determine the classification of the counties as "wet" or "dry." Code of Ala., Recomp. 1958, Title 29, §...

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