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SOUTHWAY DISCOUNT CENTER, INC. v. MOORE

Civ. A. No. 70-490.

315 F.Supp. 617 (1970)

SOUTHWAY DISCOUNT CENTER, INC., a corporation, Plaintiff, v. Jamie MOORE, chief of police, City of Birmingham, and George Seibels, mayor, City of Birmingham, Alabama, Defendants.

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

July 15, 1970.

Attorney(s) appearing for the Case

Virgil K. Sandefer, Birmingham, Ala., for plaintiff.

J. M. Breckenridge, City Atty., William A. Thompson, Asst. City Atty., Birmingham, Ala., for defendants.

MEMORANDUM OPINION

ALLGOOD, District Judge.

This matter is before the court on a complaint and a motion for preliminary injunction filed by plaintiff and a motion to dismiss filed by the defendants. The court, having studied all pleadings with great care and following oral arguments in open court, is of the opinion that the defendants' motion to dismiss should be granted for the reasons set forth in this memorandum opinion.

Plaintiff is a large discount...

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