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ANDERSON v. ELLINGTON

Civ. No. 5344.

300 F.Supp. 789 (1969)

William C. ANDERSON v. Buford ELLINGTON, Governor of the State of Tennessee, George F. McCanless, Attorney General of the State of Tennessee, Harry Avery, Commissioner of Correction, Nelson Graves, Warden of the Metropolitan Workhouse for Nashville, Davidson County, Tennessee, John Frazier, Sheriff of Davidson County, Tennessee, and Earl Hawkins, Clerk of the Criminal Courts for Davidson County, Tennessee.

United States District Court M. D. Tennessee, Nashville Division.

June 18, 1969.

Attorney(s) appearing for the Case

Larry Helm Spalding, James Tyre Havron, George E. Barrett, Karen Ennis, Nashville, Tenn., and Hugh Stanton, Jr., Memphis, Tenn., for plaintiff.

Elmer D. Davies, Jr., Asst. Atty. Gen., State of Tennessee, Nashville, Tenn., for defendants Ellington, McCanless and Avery.

Charles E. Griffith, III, and Joe M. Ragland, Metropolitan Legal Department, Nashville, Tenn., for defendants Graves and Hawkins.

Joe P. Binkley, Nashville, Tenn., for defendant Frazier.

Before HARRY PHILLIPS, Circuit Judge, and WILLIAM E. MILLER, Chief District Judge, and FRANK GRAY, Jr., District Judge.

PER CURIAM.

This action came before the court on plaintiff's application for a preliminary injunction. At the hearing thereon certain facts were stipulated by the parties, and it was agreed that the hearing could be treated by the court as a final hearing on the merits of plaintiff's application for a permanent injunction, subject to disposition by the court of certain preliminary questions.

Plaintiff, William C. Anderson, an indigent, is an inmate of the...

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