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PULLUM v. GREENE

No. 25389.

396 F.2d 251 (1968)

D. U. PULLUM et al., and United States of America, Appellants, v. Austin GREENE et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 18, 1968.

Attorney(s) appearing for the Case

Howard Moore, Jr., Atlanta, Ga., Norman C. Amaker, New York City, C. B. King, Albany, Ga., Frank M. Dunbaugh, Atty., Dept. of Justice, Washington, D. C., Jack Greenberg, New York City, for appellants.

Stephen J. Pollak, Asst. Atty. Gen., Floyd M. Buford, U. S. Atty., John Kirby, Michael R. Flicker, Attys., Dept. of Justice, Washington, D. C., for appellant United States.

A. J. Land, Columbus, Ga., W. L. Ferguson, R. R. Jones, Dawson, Ga., Hatcher, Stubbs, Land & Rothschild, Columbus, Ga., for appellees.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.

TUTTLE, Circuit Judge:

This is an appeal from the District Court's denial of injunctive relief and dismissal of the complaint of Negro residents of Terrell County, Georgia, who filed a class action against the jury commissioners and other officials, seeking to end discrimination against Negroes in jury service in Terrell County.

Plaintiffs' amended complaint below alleged that (1) Negroes had been systematically excluded from jury service in the county, (2...

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