EBERHART v. MASSELL

Civ. A. No. 13413.

311 F.Supp. 654 (1970)

Evelyn Ware EBERHART, Julia M. Moss, and Rev. Overton Harcourt Klinefelter, individually and on behalf of all others similarly situated, v. Sam MASSELL, Jr., individually and in his capacity as Mayor of the City of Atlanta, Georgia and Herbert T. Jenkins, individually and in his capacity as Chief of Police of the City of Atlanta, Georgia.

United States District Court, N. D. Georgia, Atlanta Division.

April 20, 1970.


Attorney(s) appearing for the Case

William H. Traylor, Albert M. Horn, Richard Roesel, Atlanta, Ga., for plaintiff.

Henry L. Bowden, Thomas F. Choyce, Atlanta, Ga., for defendants.


ORDER

EDENFIELD, District Judge.

This is an action for injunctive and declaratory relief which the above-named plaintiffs seek to bring as a class action to challenge the constitutionality of three sections of the Atlanta City Code.1 Jurisdiction is alleged under 28 U.S.C. § 1343 for a claim arising under 42 U.S.C. § 1983.

The complaint alleges that §§ 20-7(m), 20-11 and 20-117 of the Code of Ordinances...

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