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POLK v. ELLINGTON

Civ. A. No. C-70-48.

309 F.Supp. 1349 (1970)

Earnest Willie POLK, Plaintiff, v. Buford ELLINGTON, Governor of The State of Tennessee, David Pack, Attorney General of the State of Tennessee, Phil M. Canale, Jr., District Attorney General for the Fifteenth Judicial Circuit of Tennessee, Defendants.

United States District Court, W. D. Tennessee, W. D.

Supplemental Order April 6, 1970.

Attorney(s) appearing for the Case

Joseph L. Mercer, II, Memphis, Tenn., for plaintiff.

Thomas E. Fox, Deputy Atty. Gen. of Tennessee, Nashville, Tenn., for Buford Ellington and David Pack.

Eugene Gaerig, Asst. Dist. Atty., Memphis, Tenn., for Phil M. Canale, Jr.

MEMORANDUM DECISION AND ORDER

BAILEY BROWN, Chief Judge.

In this action, which was brought as a class action, plaintiff seeks an injunction against his pending criminal prosecution in the Criminal Court of Shelby County, Tennessee and seeks a declaration that T.C.A. § 39-707, which defines and fixes the penalty for "Crimes against Nature," is unconstitutionally overbroad and vague and is unconstitutional...

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