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ENTERTAINMENT VENTURES, INC. v. BREWER

Civ.A.Nos. 2898-N, 2900-N, and 2901-N.

306 F.Supp. 802 (1969)

ENTERTAINMENT VENTURES, INC., a California corporation; 80 Drive-In, Inc., an Alabama corporation; MiniCinema of Alabama, Inc., an Alabama corporation; and Jefferson Drive-Ins, Inc., an Alabama corporation; T. W. Tidmore; Frank L. Thompson, Jr.; and L. J. Pepper, Plaintiffs, v. Honorable Albert P. BREWER, Governor of the State of Alabama; Honorable Floyd H. Mann, Director of the Department of Public Safety of the State of Alabama; Captain Willie B. Painter, Department of Public Safety of the State of Alabama; Captain E. J. Dixon, Department of Public Safety of the State of Alabama; Lt. R. H. Holmes, Department of Public Safety of the State of Alabama; City of Birmingham, a municipal corporation; Honorable Jamie Moore, Police Chief of the City of Birmingham, Alabama, and their successors in office, Defendants. Cecil QUARLES, Individually and doing business as Etowah Art Cinema, Intervening Plaintiff, v. Honorable Albert P. BREWER, Governor of the State of Alabama; Honorable Floyd H. Mann, Director of the Department of Public Safety of the State of Alabama; Captain James A. Davis, Sergeant Roy McDowell, the City of Attalla, Alabama, and Police Chief Claude Carr, Defendants. JET DRIVE-IN THEATRE, INC., a corporation, and William Ashley Metcalfe, Plaintiffs, v. Albert P. BREWER, Governor of the State of Alabama; Floyd Mann, Director, Department of Public Safety, State of Alabama; Herman Pitts, State Trooper, State of Alabama; David W. Crosland, District Attorney, State of Alabama; and Benjamin P. Franklin, Defendants. BLACK WARRIOR AMUSEMENT CORPORATION, an Alabama corporation; Jack Vaughn Productions, Inc., a Georgia corporation; and Johnny Moses, Plaintiffs, v. Floyd MANN, Willie Painter and R. W. Moore, Defendants.

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

Order December 18, 1969.

Attorney(s) appearing for the Case

Douglas P. Corretti, N. Daniel Rogers and Jimmy S. Calton, Corretti, Newsom, Rogers & May, Birmingham, Ala., for plaintiffs Entertainment Ventures, Inc., and others.

J. Richard Carr, Burns, Carr & Shumaker, Gadsden, Ala., for intervening plaintiff.

J. Paul Lowery, Montgomery, Ala., for plaintiffs Jet Drive-In Theatre, Inc., and another.

Sam R. Shannon, Jr., and James H. Crow, III, Beavers, Shannon, Harrison & Odom, Birmingham, Ala., and F. E. Leonard, Jr., Montgomery Ala., for plaintiffs, Black Warrior Amusement Corp. and others.

MacDonald Gallion, Atty. Gen., State of Alabama, and James J. Carter, William Inge Hill and Robert C. Black, Hill, Hill, Stovall, Carter & Franco, Montgomery, Ala., for defendants.

J. M. Breckenridge, Earl McBee and Herbert Jenkins, Birmingham, Ala., for defendants City of Birmingham and Police Chief Moore.

E. K. Hanby, Jr., Gadsden, Ala., for defendants City of Attalla and Police Chief Carr.

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

OPINION AND ORDER

RIVES, Circuit Judge:

I.

These cases were submitted for decision on the motions for preliminary injunction. Evidence was taken orally before the Court for about a day and a half and additional evidence has been supplied by affidavits. Upon the oral hearing the Court announced that for the purpose of this submission it was satisfied that the prosecutions of the plaintiffs by the defendants were not in bad faith within the meaning...

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