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MELTON v. CITY OF ATLANTA, GEORGIA

Civ. A. No. 14391.

324 F.Supp. 315 (1971)

John MELTON et al., Plaintiffs, v. CITY OF ATLANTA, GEORGIA, a municipal corporation, Sam Massell, Mayor, Atlanta, Georgia, Herbert Jenkins, Chief, Atlanta Police Department, Louis Slaton, District Attorney, Atlanta Judicial Circuit, Fulton County, Georgia, Hinson McAuliffe, Solicitor, Criminal Court of Fulton County, Fulton County, Georgia, Defendants.

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

February 5, 1971.

Attorney(s) appearing for the Case

Hendon & Henley, Decatur, Ga., for plaintiffs.

Tony H. Hight, Asst. Dist. Atty., Atlanta Judicial Circuit, Atlanta, Ga., and Thomas E. Moran, Asst. Sol. Gen., Criminal Court of Fulton County, Atlanta, Ga., for Lewis Slaton and Hinson McAuliffe.

Henry L. Bowden and John E. Dougherty, Atlanta, Ga., for Sam Massell and Herbert Jenkins.

Before MORGAN, Circuit Judge, and SMITH, Chief District Judge and MOYE, District Judge.

OPINION AND ORDER

PER CURIAM.

I. STATEMENT OF THE FACTS

This suit is brought by plaintiffs as a class action, said plaintiffs claiming to represent all present and future Atlanta policemen and the officers and members of the Fraternal Order of Police1 (herein "FOP").

A three-judge court was convened pursuant to 28 U.S.C. § 2284 to hear the attack upon Georgia Laws of 1953, November session, page 624, codified...

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