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McALPINE v. REESE

Civ. A. No. 34113.

309 F.Supp. 136 (1970)

Warren McALPINE, Jr., a Minor, by his mother and Next of Friend, Mrs. Warren McAlpine, Sr., individually and on behalf of all others similarly situated; Cassandra Davis, a Minor, by her mother and Next of Friend, Mrs. Mary Davis, individually and on behalf of all others similarly situated, Plaintiffs, v. Robert REESE, individually and in his official capacity as Corporation Counsel for the City of Detroit; Johannes Spreen, individually and in his official capacity as Police Commissioner for the City of Detroit; Jerome P. Cavanaugh, individually and in his official capacity as Mayor of the City of Detroit, Defendants.

United States District Court, E. D. Michigan, S. D.

February 10, 1970.

Attorney(s) appearing for the Case

John Houston, Robert Slameka, S. Mac Gutman, James R. Short, Detroit, Mich., for plaintiffs.

William P. Doran, Asst. Corp. Counsel, Detroit, Mich., for defendants.

OPINION

TALBOT SMITH, District Judge.

The Bill of Complaint before us, relying upon 28 U.S.C. § 1331, § 1343(4), § 2201, § 2202, 42 U.S.C. § 1983, "and the Constitution of the United States, and more particularly the First and Fourteenth Amendments thereto," and pleading a class action under Rule 23 of the Federal Rules of Civil Procedure, prays that we issue a temporary restraining order, restraining described parties from "continuing...

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