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MORRIS v. SCHOONFIELD

Civ. No. 19703.

301 F.Supp. 158 (1969)

Phillip MORRIS, Diego Cordova Cesario (also known as Diego Cordova), Joseph J. Dingle, Calvin Scott Coles, Charles Thomas, Dale K. Quinby, Plaintiffs, and Wilbur Gray, Intervening Plaintiff, v. Hiram SCHOONFIELD, Warden, Baltimore City Jail, and State of Maryland.

United States District Court D. Maryland.

June 19, 1969.

Attorney(s) appearing for the Case

Robert J. Fisher, Elsbeth Levy Bothe, Stuart H. Rome and William H. Zinman, Baltimore, Md., for plaintiffs.

Francis B. Burch, Atty. Gen. of Maryland, and Alfred J. O'Ferrall, III, Asst. Atty. Gen., for the State of Maryland.

George L. Russell, Jr., City Sol. of Baltimore City, and Roger C. Duncan, Asst. City Sol., for the Warden, Baltimore City Jail.

Before WINTER, Circuit Judge, and THOMSEN and HARVEY, District Judges.

THOMSEN, District Judge.

This is the second case filed in this Court attacking the constitutionality of Article 38, sections 1 and 4 of the Maryland Code, which provide for commitment to jail for nonpayment of fines and costs.

Article 38 deals with Fines and Forfeitures. Sections 1 and 4 provide in pertinent part:

"§ 1. Mode of recovering; * * * "When any fine or penalty is imposed by any...

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