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CALLAHAN v. SANDERS

Civ. A. No. 3374-N.

339 F.Supp. 814 (1971)

Eddie L. CALLAHAN et al., Plaintiffs, v. Roy SANDERS, as State Comptroller, et al., Defendants.

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

September 7, 1971.

Attorney(s) appearing for the Case

Morris S. Dees, Jr., and Joseph J. Levin, Jr., Montgomery, Ala., for plaintiffs.

William J. Baxley, Atty. Gen., and Leslie H. Hall, Asst. Atty. Gen., State of Ala., Montgomery, Ala., for defendants Roy Sanders, Walter L. Allen, John C. McBride, L. J. Smith, Ray C. Stephens, and for certain other Justices of the Peace not named.

L. H. Walden and Jasper Roberts, Montgomery, Ala., for defendants J. W. Baggett, Donald Scott and other Justices of the Peace not named.

Harry Raymon, Russell, Raymon & Russell, Tuskegee, Ala., also for Donald Scott.

Ralph R. Banks, Jr., Eutaw, Ala., J. Earl Smith, Dothan, Ala., Paul J. Hooton, Roanoke, Ala., C. Neal Pope and Charles Floyd, Pope & Floyd, Phenix City, Ala., Walter J. Merrill, Knox, Jones, Woolf & Merrill, Anniston, Ala., Kenneth R. Cain, Ozark, Ala., John B. Crawley, John W. Gibson, Troy, Ala., Taylor Wilkins, Jr., C. Lenoir Thompson, Kenneth Cooper, Bay Minette, Ala., T. R. Ward, Abbeville, Ala., and Richard H. Poellnitz, Greensboro, Ala., for other Justices of the Peace.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

JOHNSON, Chief Judge.

Plaintiffs in this case comprise a class of individuals who were fined on or after January 13, 1969, by Alabama Justices of the Peace for violations of Alabama's highway laws. Pursuant to Rule 23, Federal Rules of Civil Procedure, plaintiffs have brought this class action against all Justices of the Peace of Alabama, all sheriffs of Alabama in whose jurisdictions Justice of the Peace...

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