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TERRY v. ELMWOOD CEMETERY

Civ. A. No. 69-490.

307 F.Supp. 369 (1969)

Mrs. Margaret Faye TERRY et al., Plaintiffs, v. The ELMWOOD CEMETERY, Defendant.

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

December 22, 1969.

Attorney(s) appearing for the Case

James K. Baker, Adams, Baker & Clemon, Birmingham, Ala., and Jack Greenberg, Norman C. Amaker and James Nabrit, III, New York City, for plaintiffs.

Sydney Lavender, Deramus, Johnston, Barton, Proctor & Swedlaw, Birmingham, Ala., for defendant.

MEMORANDUM OPINION

LYNNE, Chief Judge.

This class action for damages, injunctive and/or declaratory relief was brought by Negro plaintiffs, Mrs. Margaret Faye Terry, Mrs. Jimmie Lee Terry and Mr. Blevin Stout, who were not allowed to purchase burial lots in the public cemetery1 owned and operated by defendant, The Elmwood Cemetery Corporation. The facts are not disputed and consequently the action has been submitted to the court...

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