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FRANKLIN v. CITY OF MARKS

No. 29302.

439 F.2d 665 (1971)

Mr. William FRANKLIN et al., Plaintiffs-Appellants, v. CITY OF MARKS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 2, 1971.

Attorney(s) appearing for the Case

Kent Spriggs, Oxford, Miss., Mose Kincaid, Batesville, Miss., for plaintiffs-appellants.

Ben M. Caldwell, Larry O. Lewis, Marks, Miss., for defendants-appellees.

Before BROWN, Chief Judge, WISDOM and MORGAN, Circuit Judges.

WISDOM, Circuit Judge:

In this Section 19831 action the plaintiffs challenge the validity of a de-annexation ordinance adopted May 7, 1963, by the Board of Aldermen of the City of Marks in Quitman County, Mississippi, and approved by the County Chancery Court.

In a municipal annexation or de-annexation proceeding in Mississippi, state law allows citizens of the municipality and residents of the area in question to appear and to...

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