McCARLEY v. SANDERS

Civ. A. No. 2926.

309 F.Supp. 8 (1970)

W. G. McCARLEY et al., Plaintiffs, v. Roy W. SANDERS, as Comptroller of the State of Alabama, et al., Defendants.

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

January 27, 1970.


Attorney(s) appearing for the Case

Morris S. Dees, Jr., Montgomery, Ala., R. Clifford Fulford and Max Pope, Levine, Fulford & Pope, Birmingham, Ala., Joseph J. Levin, Jr., Montgomery, Ala., Douglas J. Kramer, New York City (of The James Madison Constitutional Law Institute), Norman Dorsen, New York City, for plaintiffs.

MacDonald Gallion, Atty. Gen., State of Alabama, Gordon Madison and Leslie Hall, Asst. Attys. Gen., State of Alabama, for State officials and Senators Adams, Albea, Branyon, Carr, Clark, Cooper, Engel, Folsom, Giles, Givhan, Goodwyn, Harris, Jackson, Leonard, Lindsey, Lolley, McDermott, Nabors, O'Bannon, Oden, Pelham, Pierce, Radney, Skidmore, Stone and Turner.

Robert S. Vance (of Jenkins, Cole, Callaway & Vance), Birmingham, Ala., for Senators Bailes, Childs, Dominick, Gilmore, Hawkins, Morrow and Vacca.

C. C. Torbert, Jr., pro se.

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


RIVES, Circuit Judge:

W. G. McCarley, a State Senator, was expelled from the Senate of Alabama on August 20, 1969. This action is brought by McCarley and by certain citizens and voters of his senatorial district on behalf of all such citizens and voters1 seeking to have McCarley's expulsion from the State Senate declared invalid and for relief consequent upon such declaration. Governor Brewer has been dismissed as a party defendant. We...

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